ITAR Controls on Non-U.S. Transactions Agenda

Overview of U.S. Export Controls; What is Subject to Export Controls?
Primary Regulations (ITAR/EAR/OFAC)
International Export Regulation
Introduction to the International Traffic in Arms Regulations (ITAR) & Defense Trade Policy
Directorate of Defense Trade Controls (DDTC)
Arms Export Control Act (AECA)
Compliance Resources & Information

– with EXERCISES WORKSHOP

Key Analysis Steps for ITAR Compliance / When the ITAR Applies
ITAR-Controlled Items
- Defense Articles; Technical Data and What is not Technical Data; Defense Services
- United States Munitions List (USML) & Identifying ITAR vs. EAR-Controlled Items
- Order of Review
- The Meaning of “Specially Designed”
Controls on Non-U.S. Items Containing U.S. Content
Controls on Non-U.S. Items Produced Using U.S. Technology
Commodity Jurisdiction (CJ) Requests, Issues, and Resources
Highly Restricted Items and Significant Military Equipment (SME)
ITAR-Controlled Activities: Exports, Reexports & Retransfers
Name Changes, Mergers & Acquisitions, Brokering / Manufacturing of Defense Articles Outside the U.S.
Temporary Imports / Permanent Imports
Activities Not Regulated by the ITAR
Prohibited Countries & Debarred Parties

Types of DDTC Agreements: Manufacturing License Agreements, Technical Assistance Agreements, & Warehouse and Distribution Agreements
Agreement Structure
Agreement Application & Agreement Guidelines
TAA and MLA Issues and Requirements, Handling Hardware in Agreements
Sublicensing, Sublicensing vs. Signatory
Dual/Third Country National Employees and Provisions for NATO+
Australia/Canada/Netherlands 3rd/Dual Nationals
Foreign Persons Coverage on Agreements
Information that a Non-U.S. Party Should Provide to U.S. Agreement Applicant
Warehouse & Distribution Agreements / How Does The US Exporter Get a WDA Approved?

– with EXERCISES WORKSHOP

– with EXERCISES WORKSHOP

Exemptions Available to U.S. Exporters
Foreign Military Sales / Allies Maintenance Exemption
Tech Data Exemptions for U.S. Exports
NATO+ Reexport or Retransfer Exemption
Exemption for Reexports to Dual and Third Country National Employees of Non-U.S. Entities
Basic Marketing Information Exclusions and Public Domain
Country-Based Exemptions: Australia, Canada and the United Kingdom

Exporting Defense Articles to the U.S.
- Permanent and Temporary Imports into the U.S. (Including Repairs)
What to Do If Exemptions are Not Available?
Return of Items Received From the U.S. Under DSP-73
Procurement in the U.S.

“Who is a Broker?”; Brokering Activities and Exclusions From These Activities
Registration, What Requires Approval, Exemptions, Exemption Exclusions & Reporting

– with EXERCISES WORKSHOP