Though there is guidance for what and how to export, many export issues are unique and may not be fully understood, until the export compliance officer asks the right questions and gets the full story. It’s not the intent of the transaction, but the technology, product or item being transferred.
In the above cases, the individuals involved could have prevented violations had they understood how to identify technical data under export controls. Such information is available in the International Traffic in Arms Regulation (ITAR). The ITAR contains the United States Munitions List (USML). The USML is a listing and explanation of export controlled defense items and services.
The ITAR states, “Any person who engages in the United States in the business of either manufacturing or exporting defense articles or furnishing defense services is required to register...”. This wording does not leave much room for any other interpretation. All US persons or organizations involved with making Defense articles or providing defense services must register with the State Department’s Directorate of Defense Trade Controls (DDTC).
Additionally, the Defense Federal Acquisitions Regulation (DFAR) states, “It is the contractor’s responsibility to comply with all applicable laws and regulations regarding export-controlled items.” It is in the company’s best interest to understand export laws and how it applies to the organization’s mission. The responsibility to identify export controlled information and provide proper protection falls exclusively on the organization. The company should provide due diligence and know when and how to seek export approval.
Which defense contractors should register with the DDTC?
Which defense commodities require export licenses?
Which defense services require export licenses?
What are corporate and government export responsibilities?
What constitutes an export?
How does one apply for a license or technical assistance agreement?
Remember the earlier example of my business manager? Fortunately I was able to reference the controlled item in the ITAR while consulting our business development manager. I was able to demonstrate that the item had a dual use application. One use was civil and the other was military. In such situations, the State Department has jurisdiction. We were able to request and receive proper authorization to export the item.
Jeffrey W. Bennett, ISP is the owner of Red Bike Publishing Red Bike Publishing . Jeff is an accomplished writer of non-fiction books, novels and periodicals. He also owns Red bike Publishing. Published books include: "Get Rich in a Niche-Insider's Guide to Self Publishing in a Specialized Industry" and "Commitment-A Novel". Jeff is an expert in security and has written many security books including: "Insider's Guide to Security Clearances" and "DoD Security Clearances and Contracts Guidebook", "ISP Certification-The Industrial Security Professional Exam Manual", and NISPOM/FSO Training" See Red Bike Publishing for print copies of: Army Leadership, The Ranger Handbook, The Army Physical Readiness Manual, Drill and Ceremonies, The ITAR,and The NISPOM