ITAR

ITAR

  • DCS ON DOMESTIC DOCUMENTS

    QUESTION: Currently, the Commercial Invoice includes the Destination Control Statement for all our export transactions from the US. However, with the new Destination Control Statement effective on November 15, 2016, I’ve heard that some companies include the statement for their domestic transactions as well. Is it standard practice for companies to include this statement on […]

  • DDTC LETTER OF INTENT TEMPLATE

    QUESTION: For license applications under the ITAR even in this post export control reform world DDTC allows the supporting purchase documentation in a license application to be a Letter of Intent (LOI). Does anyone have a blank template of a LOI they can share? =================== ANSWER: There is no template – it’s just a letter […]

  • NEW DCS EARLY IMPLEMENTATION

    QUESTION: FR Vol 81 No. 159 outlines the new DCS and states it will go into effect November 15, 2016: Do you think it is okay to initiate the change in export documentation now? *************** Answers: I’m sitting at a BIS conference now. They said yes on using the new DCS now for BIS but it […]

  • NEW DCS APPLICABILITY

    QUESTION: We are a company that exports non military products under EAR99 NLR. Do we need to change our destination control statement to the new one that covers both EAR and ITAR? I couldn’t find anything definitive in the answer data base. ====================== ANSWERS: You should change your Destination Control Statement (DCS) to the new version. The […]

  • ITAR PARTS UNDER 123.4(a)(1)

    QUESTION: Our Dutch entity is looking to ship ITAR SME (Significant Military Equipment) parts to our U.S. entity for repair and return. Does SME unclassified ITAR parts qualify for 123.4(a)(1)? *************** Answers: Yes – based strictly on what you have provided to ask the question, the temporary import license exemption of 22 CFR 123.4(a)(1) can […]

  • ITAR 122.4(d)

    QUESTION: ITAR section §122.4(d) states: “Prior approval by the Directorate of Defense Trade Controls is required for any amendment making a substantive change.” 1)  An amendment to what? The registration? Another Agreement? (§122.4(c)(4) is about agreements DDTC approves.) 2) What constitutes a “substantive change?” Significant changes, such as changes to a company’s name, would 3)  be disclosed […]

  • NON-US PERSON AS ENGINEER

    QUESTION: My company is subject to both the EAR and the ITAR.  I have a question about hiring a person who does not meet the ITAR or EAR definitions of a U.S. person. This is for a U.S.-based engineering position, and the official job description requires access to export controlled technology or technical data.  In […]

  • POTENTIAL ITAR MATERIAL

    Question: I’m looking for guidance from the ITAR experts. Our company manufactures plastics and sells them in a raw material form – small pellets that are extruded or injection molded by the customer, or liquids that are also further processed. We are trying to determine if these materials can be considered subject to ITAR. We […]

  • ITAR INFO ON NON-US SERVERS

    Question: My company is transitioning to a new ERP system for all of our facilities worldwide –a very small percentage of our  US items are still under ITAR control. The server /  system admin etc., will not be in the US – does anyone have any experience regarding how to segregate the ITAR items and […]

  • ITAR CLASSIFICATION PROCESS

    Question: Does anyone have an ITAR classification procedure they wouldn’t mind sharing? ************ Answers: 22 CFR 121.1(b) – ITAR Order of Review http://pmddtc.state.gov/licensing/dt_OrderofReview.htm ********** Not sure what you are asking for. A couple of things you must do, though, when determining which USML category (if any) applies to an item or product: (1)  If you […]

  • ITAR PROCESS FLOW

    Question: The company I work for was purchased by a Switzerland company a little over a year ago.  The owner of the Switzerland company has requested access to our ERP system which includes all drawings and technical data. Upper management has proposal the following: secure our ITAR product is to remove the top level (sellable […]

  • DDTC REGISTRATION

    Question: Can someone explain the definition of “furnishing defense services” under ITAR 122.1?  We are U.S. manufacturer and we receive the defense articles from U.S. customers.  After we add some value and improve/change the performance of the defense articles received from the U.S. customer, we send back to U.S. customers.  For this scenario, do we […]