Question: Our company considers ITAR “technical data” to extend to customer name plus customer part number with the logic that the customer part number references a specific spec. We currently do not allow any foreign nationals to view this information in our ERP (ECP / SAP) system. The main sticking point is the definition (or […]
Question: I need to audit a newly acquired ITAR factory. This is our first ITAR location. If the membership has an ITAR audit plan, check sheet, etc…. can you please provide it? Answer 1: Here’s a checklist I developed for internal self-audits. https://www.icpainc.org/wp-content/uploads/2023/02/ITAR-Assessment-Checklist.pdf
Question: Unrelated Company A and Company B are both located in the US and will receive separate POs from the FPPI, Company C (foreign). Company A’s article is ITAR and Company B’s is EAR.x. Company C requested Company A to drop-ship within the U.S. their ITAR article to Company B for integration into one system […]
Question: If you were asked by a foreign company (not China) to manufacture a component of a defense article (Cat. III) and there would likely be a small amount of discussion related to their drawings, would you apply for a DSP-5 or a TAA? Answer 1: Conceivably could be done with a DSP-5, but it […]
Question: I temporarily import US origin bailment equipment on loan from my foreign customers to test/make sure it works with the thing I make/sell/export. I’ve used 123.4(a) for years, but in reading it, it doesn’t specifically provide for USML goods provided purely for use/testing at my facility. It seems to fit the “spirit” of the […]
Question: I temporarily import US origin bailment equipment on loan from my foreign customers to test/make sure it works with the thing I make/sell/export. I’ve used 123.4(a) for years, but in reading it, it doesn’t specifically provide for USML goods provided purely for use/testing at my facility. It seems to fit the “spirit” of the […]
Question: Has anyone seen the final rule or other mention in the Federal Register for the extension of the removal of Cyprus from the “presumed denial” list in 126.1? The last article I can find in the Federal Register mentions the temporary removal expiring September 30, 2022. The Secretary of the State apparently has made […]
Question: Does anyone have experience submitting DSP-5 hardware applications without a supporting Purchase Order (PO)? We have a multi-year IDIQ (Indefinite Delivery, Indefinite Quantity) where the customer may be ordering 100 units this year and 1,000 next year. We would like to submit an application that encompasses the estimated maximum number of units we expect […]
Question: I am seeing one of the large couriers acting as US importer of record on shipments which are subject to ITAR (e.g. temporary imports utilizing an ITAR exemption). I don’t think they should be doing this per the ITAR regulations, because they are not registered with DDTC and only registered parties are eligible […]
QUESTION: Our company received a customer survey asking if our company employed dual nationals (a citizen of the USA and also a citizen of another country), and would any of these dual nationals have access to export controlled defense articles or technical data. If so, we were asked to provide the dual nationality and name […]
QUESTION: Does anyone know for certain or want to speculate on whether when making US entry, one can commingle ITAR (where an exemption/license applies) and non-ITAR goods on the same entry? I ask because the ITAR exemption is claimed at the “header” level, not the ‘line” level. Separating the entries would cost extra $$, so […]
QUESTION: Are foreign entities who are set up in the USA with NRI (non resident importer) status eligible to utilize ITAR exemptions for their importations to the USA? I ask because the 122.1 registration requirements set registration as a prerequisite for obtaining licenses or using exemptions, but obviously foreign companies don’t register with DDTC. I […]
