Does ITAR apply to Exporters only?

CindyG

Involved In Discussions
#1
Hello All,
Our mfg. company has many customers and only a handful are "ITAR" customers. While doing an internal audit, I wrote a non conformance for a question asking if we had an ITAR procedure, ITAR awareness training and visitor verification in place.
Well, I went to the person in charge of our ITAR certificate/registration concerning the mentioned ITAR compliances. His reply was that "we don't need any of those because we are not an "Exporter" our shipping is local. He then asked me to remove the question from the audit.
This does not sound right! Is it true that because we don't "export" we do not need visitor US verification, an ITAR procedure or ITAR awareness training? What do you need to comply w/ITAR if you don't export?

Thank you very much. I appreciate all the help I can get!
 
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Sidney Vianna

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Staff member
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#2
His reply was that "we don't need any of those because we are not an "Exporter" our shipping is local.
All manufacturers, exporters, and brokers of defense articles, defense services, and related technical data must be ITAR compliant. Fines can be hefty, so you should go to the owner/top management and let them know that there is a risk for hundreds of thousands in fines, if the organization is found to be in breach of the law. Ignorance of the law is never a good excuse.
 

John Predmore

Quite Involved in Discussions
#3
Sidney is right, ITAR applies if your company deals with defense or related technical data. From my own ITAR training, if a conversation about sensitive defense technology is overheard by an unauthorized foreign national, whether the speaker was aware of the overhearing person or not, "deemed export" of the technology may have occurred, even when the conversation is overheard on USA-soil.

The deemed export rule is the release of controlled technology information to a non-U.S. person regardless of where the export takes place. A non-U.S. person can be a foreign national or anyone who is not legally considered a U.S. person under the terms of the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).
 

Cari Spears

Super Moderator
Staff member
Super Moderator
#4
As already stated, ITAR applies to any company dealing with defense work. If that company also exports, then additional Export Administration Requirements (EAR) also apply.

In addition to visitors in your building, you'll have ITAR concerns if you subcontract work to suppliers that need prints or digital data, etc.
 

Ninja

Looking for Reality
Trusted Information Resource
#5
What is written above is correct, but I'm chewing on this phrase:
Our mfg. company has many customers and only a handful are "ITAR" customers.
Not sure if it means you make things governed under ITAR, or if you are a supplier to those who do.

Perhaps an easy way to tell the difference is whether or not your "ITAR customers" have visited your site...have they?
ITAR regulated folks tend for the most part to be of significantly heightened awareness for security in my experience.
If one of your "ITAR customers" came to your site and found unsecure what should be ITAR regulated...they'd likely freak out a bit. Did they?

Don't put all your eggs in that basket...but it's a decent litmus test.

I guess what I'm really asking here is: Do you work with "defense articles, defense services, and related technical data "?
Or do you just sell them the same COTS stuff that you sell to everyone else?
 

CindyG

Involved In Discussions
#6
What is written above is correct, but I'm chewing on this phrase:

Not sure if it means you make things governed under ITAR, or if you are a supplier to those who do.

Perhaps an easy way to tell the difference is whether or not your "ITAR customers" have visited your site...have they?
ITAR regulated folks tend for the most part to be of significantly heightened awareness for security in my experience.
If one of your "ITAR customers" came to your site and found unsecure what should be ITAR regulated...they'd likely freak out a bit. Did they?

Don't put all your eggs in that basket...but it's a decent litmus test.

I guess what I'm really asking here is: Do you work with "defense articles, defense services, and related technical data "?
Or do you just sell them the same COTS stuff that you sell to everyone else?


I just asked upper mgmt. the questions and below are their answers:

-No, ITAR customers (haven't) yet visited our site.
-We work with defense articles and services.
-We are a supplier to those who are governed under ITAR and...these customers export.


*some answers apply to all 4 ITAR customers and some only apply to a cpl.

Thank you for your help!!
 

Ninja

Looking for Reality
Trusted Information Resource
#7
...these customers export.
Export has bupkis to do with it. Leave that out of your thinking. See Sidney's post above...it quotes requirements precisely, and the word "export" doesn't occur.

We work with defense articles and services.
Best if you contact your customers, or DOD directly, for a ruling. As Sidney references...if you are required, and are not compliant....you could be in a whole heap of hot water. It will go much better for you if you call the foul rather than having someone else freak out. I've personally seen "freak out" include US Marshals and firearms.

You've gotten feedback from your internal compliance officer. Look into it yourself, make your own judgement on whether he/she knows crap from Crisco, and elevate internally as needed...ITAR is not a thing to screw around with.

My two cents...
 
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