ITAR technology export violation

ITAR compliance risks

Unauthorized exports included the transfer of technical data

Significant improvements to its export compliance program that reduce the likelihood of future violations, including conducting internal and independent audits, conducting staff training on the ITAR (including more extensive training for personnel directly involved in export compliance), creating a fully documented compliance program (with formal procedures, checklists, and a compliance manual), and significantly increasing staff resources devoted to day-to-day compliance (including retaining an outside consultant to provide expert advice where needed). These steps were taken after the fact and should have been in place to prevent.

Posting drawings on website or sending to foreign supplier for quote can constitute an export without a license and bring penalties. Bright Lights USA

https://www.pmddtc.state.gov/sys_attachment.do?sysparm_referring_url=tear_off&view=true&sys_id=715d7289db99db0044f9ff621f961939

training tutorial

https://www.sbir.gov/tutorials/itar/tutorial-1#

ITAR training points

Three areas of export control laws. The International Traffic in Arms Regulations or ITAR, which is administered by the State Department. These apply to military products. The Export Administration Regulations or EAR, administered by the Commerce Department. These apply to commercial products that have some use in the military or intelligence area and the U.S. Sanctions Laws, administered by the Treasury Department’s Office of Foreign Assets Control.

The first cornerstone concept under ITAR – ITAR contains a list of products called the U. S. Munitions List (USML) If your product is on this list, it is subject to these controls. This is a key concept. If your product is on the list, everything else flows from this. If you look down the list, you will see that the majority of headings- a lot of the items in the beginning of the list are truly defense items: firearms, guns, explosives, naval vessels. But, if you look farther down the list, you will see that the categories start to overlap with commercial items – training, electronics, chemicals, satellites. So it is sometimes difficult to determine if your product is on the list or not

Another cornerstone concept is that these controls apply not just to physical products, but also to software and technical data, as well. So, if an item is on the list such as a navigational device – the software used to run that device is also on the list, and the technical data related to the device is on the list. Technical data refers to drawings, algorithms, manuals, any information on the design, manufacture, or use of the item. So, if the product is on the list, then the electronic files are on the list, the specification sheets, the technical manuals – are all on the Munitions List and subject to ITAR.

https://www.sbir.gov/tutorials/itar/tutorial-1#

Export Seminar Compliance Training

We can coach you in this field. Our experience and tools afford you opportunity to excel. Support tools and experience is available to make you more than successful. You can improve skills in CLASSIFICATION and VALUATION ECCN . Master EAR Regulations,  and establish/improve Export Compliance Manual. We can help in training and establishing internal training as well as internal audit.

All subject matter is supported by references including Customs Broker Exams which support classification and valuation..

We can meet with you to discuss and demonstrate at your facility and support by distance through gotomeeting computer dialog. Not only coach but mentor as well.

704 664 1932 Clement Key (2 retired Customs Field National Import Specialists available)

EXPORT COMPLIANCE POINTS

  1. Dedicated group or leader with knowledge. This will help define corporate compliance, provide oversight to operations related to compliance, and provide coordination with different departments—including warehousing, purchasing, and logistics—involved in compliance.
  2. Executive involvement. Recommended BIS ( & CBP) compliance recommends executive involvement to make compliance work.
  3. Written Manual. Again a BIS (CBP) recommended point.
  4. Internal control reviews. BIS point in recommended compliance program. Without reviews it is hard to detect where to make improvements/adjustments/accountability.
  5. Training programs. BIS point. Having ongoing training indicates seriousness of compliance.BIS compliance
  6. Convey compliance requirements to/for suppliers. Communication with suppliers can reduce risks and increase compliance.
  7. Record-keeping program. BIS point. Mandatory by CBP. Necessary for internal audit and regulatory audit.
  8. C-TPAT-CBP. Involvement with the program and maintaining information lines with agencies assist in compliance.
  9. Risk Assessment. BIS point – Evaluate vulnerabilities and provide resources to address.

BEST TRAINING DEAL, BEST COACHING