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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
Question: Licenseable means the NEED to get a LICENSE Exemptions and Exceptions ELIMINATE the need for a LICENSE ******** ITAR 126.5 is the Canadian exemptions section. Most of those are easily “licenseable” (according to at least one version of that definition anyways).  So most likely you meant the 126.1 countries (arms embargoed). But […]
Question: If there are two DoS approved DSP-5 licenses with the same Foreign Consignee, the same exact Defense Article but different End-Users; would there be a violation if the Foreign Consignee sends the serial numbered unit received for End-User A to End-User B and vice versa? Meaning is it okay if they swap the units […]
