Question: Does the 126.18 exemption apply if employees are dual/TCN of 126.1 countries (e.g. China)? Whether using 126.18(c) 1 or 2 to meet the exemption, it does not seem to prohibit 126.1 nationals; is that correct? Answer 1: China does not recognize ‘dual nationality’ for its citizens even though this rule is not applied universally […]
Question: I have been with the company for almost five years in the EO role, I am the one and only compliance department covering two locations and also the EO for an A&D company. I have requested several times for a support person if nothing else train someone to support my role when I am […]
Question: Thought I saw a question on this previously but it does not come up when searching the database. Sales is asking to use a circular logo with “ITAR Compliant” on customer presentations. Inclination is to decline this request. Welcome any good regulatory reference/data/arguments against such a claim. We are DDTC registered, but ….. Answer […]
Question: ITAR Section 123.22(b)(3)(i) states that, “[p]rior to the permanent export of technical data licensed using a Form DSP–5, the applicant shall electronically provide export information using the system for direct electronic reporting to DDTC of export information and self-validate the original of the license.” Is the system DECCS? If so, how is reporting achieved? […]
Question: If foreign parties are in legal possession of US origin ITAR data (received under a license, exemption, TAA), do they need “authorization” from DDTC to send it to US PARTIES (which were not part of any original license/TAA)? Part of me has always taken the position that no authorization is needed to send to […]
Question: Am I remembering correctly that DDTC stopped looking at country of birth as part of the equation in “nationality” determination? In looking at p 71 in the agreement guidelines that seems to be the case. I know there is still the pending ITAR change to align with BIS in that ITAR would only […]
Question: Hello, One of my foreign plants is being asked to participate in an MLA. They were sent just a standard ITAR NDA, with no real explanation of what is happening, what is ITAR etc. Since I know that this is just the first MLA, I want to have a process in place to assure […]
Question: Our company considers ITAR “technical data” to extend to customer name plus customer part number with the logic that the customer part number references a specific spec. We currently do not allow any foreign nationals to view this information in our ERP (ECP / SAP) system. The main sticking point is the definition (or […]
Question: I need to audit a newly acquired ITAR factory. This is our first ITAR location. If the membership has an ITAR audit plan, check sheet, etc…. can you please provide it? Answer 1: Here’s a checklist I developed for internal self-audits. https://www.icpainc.org/wp-content/uploads/2023/02/ITAR-Assessment-Checklist.pdf
Question: Unrelated Company A and Company B are both located in the US and will receive separate POs from the FPPI, Company C (foreign). Company A’s article is ITAR and Company B’s is EAR.x. Company C requested Company A to drop-ship within the U.S. their ITAR article to Company B for integration into one system […]
Question: If you were asked by a foreign company (not China) to manufacture a component of a defense article (Cat. III) and there would likely be a small amount of discussion related to their drawings, would you apply for a DSP-5 or a TAA? Answer 1: Conceivably could be done with a DSP-5, but it […]
Question: I temporarily import US origin bailment equipment on loan from my foreign customers to test/make sure it works with the thing I make/sell/export. I’ve used 123.4(a) for years, but in reading it, it doesn’t specifically provide for USML goods provided purely for use/testing at my facility. It seems to fit the “spirit” of the […]
