The International Traffic in Arms Regulations (ITAR)
The Department of State is one of the goverment agencies with responsibility for the control of the permanent and temporary export and temporary import of defense articles and services is governed primarily by 22 U.S.C. 2778 of the Arms Export Control Act ("AECA"; see the AECA Web page) and Executive Order 11958, as amended. The AECA, among these other requirements and authorities, provides for the promulgation of implementing regulations, the International Traffic in Arms Regulations ("ITAR," 22 CFR 120-130). The ITAR is available from the Government Printing Office (GPO) either as an annual hardcopy publication as part of the Code of Federal Regulations (CFR) or as an e-document. The annual GPO publication includes all amendments to the ITAR made since the last annual printing.
NAXCER IMPORT/EXPORT GENERAL PROVISIONS
(a) Buyer shall comply with the applicable import and export laws and regulations of Buyer’s country and of the United States and with all applicable export licenses and their provisos. Any disclosures may involve information or items that are subject to the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR) and that may not be released to Foreign Persons inside or outside the United States without the proper export authority.
The ITAR defines a “Foreign Person” as any person who is not a U.S. citizen, a lawful permanent resident as defined by 8 USC 1101(a)(20), or a protected individual as defined by 8 USC 1324b(a)(3). Foreign Person is also defined as a corporation, a business an association, a partnership, or any other entity that is not incorporated or organized to do business in the United States and as international organizations, foreign governments, and any agency or subdivision of foreign governments (e.g., diplomatic missions).
(b) The Buyer and importer/exporter of record has obtained, or will obtain and properly use, U.S. Government import/export authorization to furnish to Buyer any defense articles, technical data, defense services, software, and/or other controlled items (collectively referred to herein as "Controlled Items"), which are necessary for Seller to perform any requested services or sell any products and which require such authorization. Such Controlled Items are authorized for export only to Buyer’s country for use by Buyer and may not, without the prior written approval of the U.S. Government, be transferred, transshipped on a non-continuous voyage, or otherwise disposed of in any other country, either in their original form or after being incorporated into other end items. If so requested by the importer/exporter of record, the other party shall assist in obtaining such authorization. If U.S. Government import/export authorization is not available, cannot be obtained, or is obtained and subsequently revoked, Controlled Items to be delivered or exchanged pursuant to understanding and shall not be imported, exported, or re-exported. Resale or other transfer of items delivered or exchanged pursuant to any contract shall be in accordance with this clause.
(c) U.S. Government import/export authorization is based on the following ITAR requirements and on all applicable export licenses with which Seller agrees to comply:
- Buyer shall use Controlled Items furnished by Seller only in the manufacture of Goods in accordance with contracts.
- Buyer shall not disclose or provide Controlled Items furnished by Seller to any Foreign Person either in the United States or abroad before obtaining written authorization from Seller or from the U.S. Department of State Office of Defense Trade Controls, except that if Buyer is itself a Foreign Person, it may disclose or provide Controlled Items furnished by Seller to Buyer’s employees who are nationals of Buyer’s country of site.
- Buyer acquires no rights in Controlled Items furnished by Seller except to use them to perform contract(s). Buyer shall not purport to convey to any subcontractor or person any greater rights in the data than Seller has. Seller may convey to subcontractors the right to use the Controlled Items only as required to perform their contracts.
- On completion or termination of any contract(s), Seller may require Buyer to (i) return to Seller all technical data furnished by Seller pursuant to any contract(s) or (ii) destroy such technical data and to certify in writing to such destruction.
- Seller shall impose these requirements, 1 through 6 inclusive, suitably revised to properly identify the parties, on all contractors to whom Seller intends to furnish Controlled Items provided by Buyer for use by the contractors in performance of contracts.
(d) Buyer agrees, in addition to the above procedures established by the ITAR, to place the following legend on all technical data obtained, used, generated, or delivered in performance of any contract(s):
WARNING—Information Subject to Export Control Laws
This document may contain information subject to the International Traffic in Arms Regulation (ITAR) or the Export Administration Regulation (EAR) of 1979. This information may not be exported, released, or disclosed to Foreign Nationals outside the United States without first complying with the export license requirements of the ITAR and/or the EAR. A violation of the ITAR or EAR may be subject to a penalty of up to 10 years imprisonment and a fine of $100,000 under 22 USC 2778 or section 2410 of the Export Administration Act of 1979. Include this notice with any reproduced portion of this document.