ITAR/EAR relationship and Flow Down to Suppliers

THamlett

Starting to get Involved
#1
I have two questions about ITAR/EAR actually. I'm a AS/Nadcap special processor who has no sub-tiers below me.

1. Do ITAR and EAR always go together or can they be specified individually?

2.When ITAR and/or EAR is called out on the PO do we need to flow that down to the shop floor paperwork (routers) or is it some that can be handled on an administrative level? We do ensure that it is specified on any certifications we produce. Also we have a non-disclosure agreement that all employees sign when hired that specifically says that no information, photos, blueprints or anything else to do with any of our customers is disseminated outside of the shop. Wouldn't that suffice in lieu of designating ITAR on every router that goes to the shop floor?

Any input you all have is greatly appreciated.
 
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john ambrose

#2
Re: ITAR/EAR Flow Down

Not direct answers to your questions:

ITAR requires those who handle the technology be US Citizens. This is something that catches many companies by surprise and are fined for having a student visa intern handle the information.
 

JLyt207

Involved In Discussions
#4
Re: ITAR/EAR Flow Down

1. They can be separate. They are separate regulations controlled by different gov agencies. None of our stuff is dual-use. So they are either controlled by the ITAR (defense) or the EAR (commercial). You should know the end use of the product and decide from that.

2.To be pedantic they use the term US person. Which includes citizens, "valid" green card holders and US based Corporation or business entities. It also includes US Gov. entities.
It depends what your routers list. Do they have technical data or have unique procedures? If yes, then I would mark them. Do you screen all your employees both for being a US person and to make sure they aren't on the denied parties lists? (I don't think a ND agreement is enough) Do you screen your visitors who may view those routers for US person and denied parties? If you have non-US persons visit how do you make sure they don't see the ITAR controlled data if they aren't marked?
 

dsanabria

Quite Involved in Discussions
#5
Re: ITAR/EAR Flow Down

US citizens or permanent residents (Green Card)
OK the correct term is - US Person and yes a US Person can be someone with a green card or foreigner as long as they work for a US Company.

See the legalize terminology below.

?120.15 U.S. person.

U.S. person means a person (as defined in ?120.14 of this part) who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity. It does not include any foreign person as defined in ?120.16 of this part.

?120.14 Person.

Person means a natural person as well as a corporation, business association, partnership, society, trust, or any other entity, organization or group, including governmental entities. If a provision in this subchapter does not refer exclusively to a foreign person (?120.16) or U.S. person (?120.15), then it refers to both.
 

dsanabria

Quite Involved in Discussions
#6
I have two questions about ITAR/EAR actually. I'm a AS/Nadcap special processor who has no sub-tiers below me.

1. Do ITAR and EAR always go together or can they be specified individually?

2.When ITAR and/or EAR is called out on the PO do we need to flow that down to the shop floor paperwork (routers) or is it some that can be handled on an administrative level? We do ensure that it is specified on any certifications we produce. Also we have a non-disclosure agreement that all employees sign when hired that specifically says that no information, photos, blueprints or anything else to do with any of our customers is disseminated outside of the shop. Wouldn't that suffice in lieu of designating ITAR on every router that goes to the shop floor?

Any input you all have is greatly appreciated.
Before you go allover the place - contract review process is the perfect place to ask those question from the customer as to how they want you handle such request.
 
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