The act of processing such telemetry data - i.e., converting raw data into engineering units or readable products - or encrypting it does not, in and of itself, cause the telemetry data to become subject to the ITAR or to ECCN 9E515 for purposes of 9A515, or to ECCNs 9E001 or 9E002 for purposes of 9A004. (7) Rocket, SLV, and missile engines and motors, not otherwise enumerated in paragraphs (d)(1) through (d)(6) of this category or USML Category XIX. If a Missile Technology Control Regime Category I item is included in a system, that system will also be considered as a Category I item, except when the incorporated item cannot be separated, removed, or duplicated. 2778).” (5) Ancillary equipment specially designed for the articles in paragraphs (b)(1)-(b)(4) of this category. You need to check to see if the product or technology developed under your contract are ITAR-controlled. MUNITIONS LIST (USML) International Traffic in Arms Regulations (ITAR) http://pmddtc.state.gov/regulations_laws/itar_consolidated.html. (6) Pyrotechnic and pyrophoric materials, as follows: (i) Pyrotechnic or pyrophoric materials specifically formulated to enhance or control the production of radiated energy in any part of the IR spectrum; or. app. (a) Significant military equipment means articles for which special export controls are warranted because of their capacity for substantial military utility or capability. (19) Spacecraft heat shields or heat sinks specially designed for atmospheric entry or re-entry, and specially designed parts and components therefor (MT if usable in rockets, SLVs, missiles, drones, or UAVs capable of delivering a payload of at least 500 kg to a range of at least 300 km); “Payload” is the total mass that can be carried or delivered by the specified rocket, SLV, missile, drone, or UAV that is not used to maintain flight. (e) Technical data (see § 120.10 of this subchapter) and defense services (see § 120.9 of this subchapter) directly related to the defense articles described in paragraphs (a) through (d) of this category. Electronic transmissions to foreign nationals – if you send an email, or a fax, or a phone call with a foreign national – that’s the export of technical data. This only applies to that level of technical data (including marketing data) necessary and reasonable for a purchaser to have assurance that a U.S. built item intended to operate in space has been designed, manufactured, and tested in conformance with specified contract requirements (e.g., operational performance, reliability, lifetime, product quality, or delivery expectations) as well as data necessary for normal orbit satellite operations, to evaluate in-orbit anomalies, and to operate and maintain associated ground station equipment (except encryption hardware). Parts, components, accessories, or attachments of a simulator in this category that are common to the simulated system or simulated end-item are controlled under the same USML category or CCL ECCN as the parts, components, accessories, and attachments of the simulated system or simulated end-item. (6) For this category, a material is considered transparent if it allows 75% or greater transmission of light, corrected for index of refraction, in the visible spectrum through a 1 mm thick nominal sample. Subchapter M. INTERNATIONAL TRAFFIC IN ARMS REGULATIONS; Part 121. (vii) Withstand combined thermal shock greater than 4.184 × 10 Ground vehicles include any vehicle meeting the definitions or control parameters regardless of the surface (e.g., highway, off-road, rail) upon which the vehicle is designed to operate. (g) Technical data (see § 120.10 of this subchapter) and defense services (as defined in § 120.9 of this subchapter) directly related to the defense articles enumerated in paragraphs (a) through (e) of this category; * (a) Turbofan and Turbojet engines (including those that are technology demonstrators, developmental engines, or variable cycle engines) capable of 15,000 lbf (66.7 kN) of thrust or greater that have any of the following: (1) With or specially designed for thrust augmentation (afterburner); (3) Parts or components controlled in paragraph (f)(6) of this category; (4) Specially designed for sustained 30 second inverted flight or negative g maneuver; or. .css('display', 'inline-block') one of the first questions they will ask is, “Was the product developed with U.S. government funding? ITAR Part 122 - Registration of Manufacturers and Exporters. Non-naturally occurring means that the modification has not already been observed in nature, was not discovered from samples obtained from nature, and was developed with human intervention. In a global ... of State, please refer to the United States Munitions List (USML found at website below). You are developing a valuable product or technology for which you have strong legal rights. The reason for control is listed at the beginning of the section that includes the technology. A “final medical product,” as used in this paragraph, is a pharmaceutical formulation that is (1) designed for testing and administration in the treatment of human medical conditions, (2) prepackaged for distribution as a clinical or medical product, and (3) approved for marketing by the Food and Drug Administration or has a valid investigational new drug application (IND) in effect, in accordance with 21 CFR part 312. For controls on spacecraft, see USML Category XV and, if not described therein, then CCL ECCN 9A515. We’re going to talk more about defense services. (x) Commodities, software, and technical data subject to the EAR (see § 120.42 of this subchapter) used in or with defense articles. (11) Radomes or electromagnetic antenna windows that: (i) Incorporate radio frequency selective surfaces; (ii) Operate in multiple non-adjacent frequency bands for radar applications; (iii) Incorporate a structure that is specially designed to provide ballistic protection from bullets, shrapnel, or blast; (iv) Have a melting point greater than 1,300 °C and maintain a dielectric constant less than 6 at temperatures greater than 500 °C; (v) Are manufactured from ceramic materials with a dielectric constant less than 6 at any frequency from 100 MHz to 100 GHz (MT if usable in rockets, SLVs, or missiles capable of achieving a range greater than or equal to 300 km; or if usable in drones or UAVs capable of delivering a payload of at least 500 kg to a range of at least 300 km. So it is sometimes difficult to determine if your product is on the list or not - but I’ll show you how to sort through this. (a) U.S. Electronic Code of Federal Regulations (e-CFR), SUBCHAPTER M - INTERNATIONAL TRAFFIC IN ARMS REGULATIONS, PART 121 - THE UNITED STATES MUNITIONS LIST. var warning_html = '
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'; Note 1 does not apply to defense articles enumerated on the USML. (n) Developmental countermeasures or sorbents funded by the Department of Defense via contract or other funding authorization; This paragraph does not control countermeasures or sorbents that are (a) in production, (b) determined to be subject to the EAR via a commodity jurisdiction determination (see § 120.4 of this subchapter), or (c) identified in the relevant Department of Defense contract or other funding authorization as being developed for both civil and military applications. A MMIC: (a) Is formed by means of diffusion processes, implantation processes, or deposition processes in or on a single semiconducting piece of material; (b) can be considered as indivisibly associated; (c) performs the function(s) of a circuit; and (d) operates at microwave frequencies (i.e., 300 MHz to 300 GHz). These items are specifically designed, developed, configured, adapted or modified for a military application and can be manufactured, sold and exported to both The Department published a proposed rule for these revisions, as well as the revisions to Category XIX desc… (iii) Direct-cooling thermal electronic package heat exchangers that transfer 20kW of heat or greater at 100W/cm .css('margin', '0 15px') In addition, other services are also regulated, such as military training. A transmit/receive module is a multifunction electronic assembly that provides bi-directional amplitude and phase control for transmission and reception of signals. (iii) Diphenylcyanoarsine (DC) (CAS 23525-22-6); (5) Chemical warfare agents not enumerated above adapted for use in war to produce casualties in humans or animals, degrade equipment, or damage crops or the environment. (b) Technical data (see § 120.10 of this subchapter) and defense services (see § 120.9 of this subchapter) directly related to the defense articles covered in paragraph (a) of this category. Published by the US State Department in its International Traffic in Arms Regulations (ITAR), the US Munitions list addresses items, software and technologies that are primarily defense-related in application.. Category I: Firearms, Close Assault Weapons and Combat Shotguns; Category II: Materials, Chemicals, Microorganisms, and Toxins (MT for technical data and defense services related to articles designated as such.). See note 2 to paragraph (a)(3)(xxix) of this category). (8) Metal laminate armors are two or more layers of metallic materials which are mechanically or adhesively bonded together to form an armor system. Munitions List (“USML”). This paragraph does not control model and high power rocket motors, containing no more than 5 pounds of propellant, that are certified for U.S. consumer use as described in National Fire Protection Association Code 1125. L. 90-629, 90 Stat. Fractional bandwidth is expressed as a percentage. (2) Butyl 2-chloro-4-fluorophenoxyacetate (LNF). The United States Munitions List (USML) is a list of articles, services, and related technology designated as defense and space-related by the United States federal government.This designation is pursuant to sections 38 and 47(7) of the Arms Export Control Act (22 U.S.C. The items subject to the jurisdiction of the ITAR, i.e., “defense articles” and “defense services,” are identified on the ITAR's U.S. Parts and components controlled by this paragraph are limited to those that store, process, or transmit classified software (see § 121.8(f) of this subchapter). A transmit/receive MMIC is a multifunction MMIC that provides bi-directional amplitude and phase control for transmission and reception of signals. Engineering services, retrofitting services, consulting services, et cetera. Thermal batteries are single use batteries that contain a solid non-conducting inorganic salt as the electrolyte. (8) Parts and components specially designed for articles described in paragraph (c)(3), (c)(4), (c)(5) or (c)(6)(vi)-(vii) of this category; (9) Inertial measurement units specially designed for articles in this subchapter (MT for systems incorporating accelerometers specified in paragraph (e)(11) or gyroscopes or angular rate sensors specified in paragraph (e)(12) that are designated MT); (10) GNSS security devices (e.g., Selective Availability Anti-Spoofing Modules (SAASM), Security Modules (SM), and Auxiliary Output Chips (AOC)); (11) Accelerometers having a bias repeatability of less (better) than 10 µg and a scale factor repeatability of less (better) than 10 parts per million, or capable of measuring greater than 100,000 g (MT); For weapon fuze accelerometers, see Category III(d) or IV(h). 16, 2013). As appropriate, the CWC schedule is provided to assist the exporter. LPI is also referred to as Low Probability of Intercept, Low Probability of Detection, and Low Probability of Identification. (i) Technical data (see § 120.10 of this subchapter) and defense services (see § 120.9 of this subchapter) directly related to the defense articles described in paragraphs (a) through (h) of this category and classified technical data directly related to items controlled in ECCNs 0A604, 0B604, 0D604, 9A604, 9B604, or 9D604 and defense services using the classified technical data. If you’re performing these services for a foreign person, related to the USML item, it’s controlled. The items subject to the jurisdiction of the ITAR, i.e., “defense articles,” are identified on the ITAR's U.S. (21) Tris (ethoxyphenyl) bismuth (TEPB) (CAS 90591-48-3). (7) Developmental lasers or laser systems funded by the Department of Defense via contract or other funding authorization. (MT for technical data and defense services related to articles designated as such. 1/4) wavelength of the highest operating frequency and isolation greater than 30 dB; (7) Polarimeter that detects and measures polarization of radio frequency signals within a single pulse; (8) Digital radio frequency memory (DRFM) with RF instantaneous input bandwidth greater than 400 MHz, and 4 bit or higher resolution whose output signal is a translation of the input signal (e.g., changes in magnitude, time, frequency) and specially designed parts and components therefor; (9) Vacuum electronic devices, as follows: (i) Multiple electron beam or sheet electron beam devices rated for operation at frequencies of 16 GHz or above, and with a saturated power output greater than 10,000 W (70 dBm) or a maximum average power output greater than 3,000 W (65 dBm); or. The term Low Probability of Intercept used in this paragraph and elsewhere in this category is defined as a class of measures that disguise, delay, or prevent the interception of acoustic or electromagnetic signals. The International Traffic in Arms Regulations (ITAR) is a set of regulations of the United States government that control the export and import of a specific list of munitions and services related to its defence. (4) Thermionic generators specially designed for platforms or soldier systems enumerated in this subchapter. (2) Any equipment, containing reagents, algorithms, coefficients, software, libraries, spectral databases, or alarm set point levels developed under a Department of Defense contract or other funding authorization, for the detection, identification, warning, or monitoring of: (i) Articles controlled in paragraphs (a) or (b) of this category; or. (xxii) Radar employing automatic target recognition (ATR) (i.e., recognition of target using structural features (e.g., tank versus car) of the target with system resolution better than (less than) 0.3 m); (xxiii) Radar that sends interceptor guidance commands or provides illumination keyed to an interceptor seeker; (xxiv) Radar employing waveform generation for LPI other than frequency modulated continuous wave (FMCW) with linear ramp modulation; (xxv) Radar that sends and receives communications; (xxvi) Radar that tracks or discriminates ballistic missile warhead from debris or countermeasures; (xxvii) Bi-static/multi-static radar that exploits greater than 125 kHz bandwidth and is lower than 2 GHz center frequency to passively detect or track using radio frequency (RF) transmissions (e.g., commercial radio, television stations); (xxviii) Radar target generators, projectors, or simulators, specially designed for radars controlled by this category; or. See note 2 to paragraph (a)(3)(xxix) of this category); (vi) Maintain structural integrity at stagnation pressures greater than 6,000 pounds per square foot; or. Published by the US State Department in its International Traffic in Arms Regulations (ITAR) Published by the US Commerce Department in its Export Administration Regulations (EAR) So how does someone export software and technical data? * (4) Electronic Combat (i.e., Electronic Warfare) systems and equipment, as follows: (i) ES systems and equipment that search for, intercept and identify, or locate sources of intentional or unintentional electromagnetic energy specially designed to provide immediate threat detection, recognition, targeting, planning, or conduct of future operations; ES provides tactical situational awareness, automatic cueing, targeting, electronic order of battle planning, electronic intelligence (ELINT), communication intelligence (COMINT), or signals intelligence (SIGINT). If your online store lands anywhere in the supply chain of organizations selling USML devices, you’ll likely need your store to be ITAR compliant. The goal behind these is to regulate defense products. Defense services include the furnishing of assistance (including training) to a foreign person in the integration of a satellite or spacecraft to a launch vehicle, including both planning and onsite support, regardless of the jurisdiction, ownership, or origin of the satellite or spacecraft, or whether technical data is used. (19) Dinitropropyl based plasticizers, as follows (MT): (i) BDNPA (bis (2,2-dinitropropyl) acetal) (CAS 5108-69-0); or. Identify the country where the work will take place, and determine if the controlled Items controlled in this Category, except for materials described in paragraph (c)(6), (h), or (i), are licensed by the Department of Commerce when incorporated into an item subject to the EAR and classified under ECCN 1C608. * (21) Any part, component, accessory, attachment, equipment, or system that: Parts, components, accessories, attachments, equipment, or systems specially designed for spacecraft or other articles enumerated in this category but not listed in paragraph (e) are subject to the EAR. “Classified” means classified pursuant to Executive Order 13526, or predecessor order, and a security classification guide developed pursuant thereto or equivalent, or to the corresponding classification rules of another government or international organization. Paragraph (a) of this category does not include the following: Cyanogen chloride, Hydrocyanic acid, Chlorine, Carbonyl chloride (Phosgene), Ethyl bromoacetate, Xylyl bromide, Benzyl bromide, Benzyl iodide, Chloro acetone, Chloropicrin (trichloronitromethane), Fluorine, and Liquid pepper. * (e) Armored support vehicles capable of off-road or amphibious use specially designed to transport or deploy personnel or materiel, or to move with other vehicles over land in close support of combat vehicles or troops (e.g., personnel carriers, resupply vehicles, combat engineer vehicles, recovery vehicles, reconnaissance vehicles, bridge launching vehicles, ambulances, and command and control vehicles). This section outlines the domestic control of items determined by the United States (U.S.) to be “defense articles” (as defined by section 120.6 of the International Traffic in Arms Regulations (ITAR)) and listed under the United States Munitions List (USML) to the U.S. ITAR. Items under ITAR protection are documented on the United States Munitions List (USML). This paragraph does not control vessels, and specially designed parts, components, accessories, attachments, and associated equipment therefor, (a) in production, (b) determined to be subject to the EAR via a commodity jurisdiction determination (see § 120.4 of this subchapter) or (c) identified in the relevant Department of Defense contract or other funding authorization as being developed for both civil and military applications. * (13) Are classified, contain classified software or hardware, are manufactured using classified production data, or are being developed using classified information (e.g., having classified requirements, specifications, functions, or operational characteristics or include classified cryptographic items controlled under USML Category XIII of this subchapter). Let me set the stage for this series of Tutorials on International Traffic in Arms Regulations or ITAR. 2 or greater. For the complete and authoritative texts of the WA Lists, please see the current Control Lists above. ITAR controlled goods, referred to as defense articles, are those items that are specifically identified in the United States Munitions List, or USML, which is a section within the ITAR. * (a) Warships and other combatant vessels (i.e., battleships, aircraft carriers, destroyers, frigates, cruisers, corvettes, littoral combat ships, mine sweepers, mine hunters, mine countermeasure ships, dock landing ships, amphibious assault ships), Coast Guard Cutters (with or equivalent to those with U.S. designations WHEC, WMEC, WMSL, or WPB for the purpose of this subchapter), or foreign-origin vessels specially designed to provide functions equivalent to those of the vessels listed above; (b) Other vessels not controlled in paragraph (a) of this category, as follows: (1) High-speed air cushion vessels for transporting cargo and personnel, ship-to-shore and across a beach, with a payload over 25 tons; (2) Surface vessels integrated with nuclear propulsion plants or specially designed to support naval nuclear propulsion plants; (3) Vessels armed or specially designed to be used as a platform to deliver munitions or otherwise destroy or incapacitate targets (e.g., firing lasers, launching torpedoes, rockets, or missiles, or firing munitions greater than .50 caliber); or. (d) Parts, components, accessories, attachments, associated equipment, and production, testing, and inspection equipment and tooling, specially designed for the articles in paragraph (b) of this category.