Procedures for Handling ITAR-Controlled Technical Data

Summary

This Procedures for Handling ITAR-Controlled Technical Data provides compliance procedures that a company can use for the transfer of technical data controlled under the International Traffic in Arms Regulations (ITAR) (22 C.F.R. pts. 120–130). This template contains drafting notes and practical guidance. The ITAR, administered by the Directorate of Defense Trade Controls (DDTC) of the U.S. Department of State Bureau of Political-Military Affairs, implements the Arms Export Control Act (22 U.S.C. §§ 2778-2780). The ITAR establishes requirements for the exporting, re-exporting, and re-transferring of: (1) defense items on the U.S. Munitions List (USML) (22 C.F.R. 121.1); and (2) services relating to such defense items. ITAR compliance is required to ensure that this technical data is not inadvertently distributed to either foreign persons and/or foreign nations. These procedures assume that the company has registered with the DDTC and employs both U.S. and foreign individuals. The procedures address physical, electronic, and verbal transfers of technical data both within the company as well as to parties outside of the company. These procedures are designed for companies that participate in the design, manufacture, export, and sale of defense articles but do not address defense services or brokering activities. For more information about the ITAR, see ITAR, EAR, and FTR Fundamentals. For more information on compliance programs in general, see Compliance Program Creation and Advantages of Implementing a Legal Compliance Program, and Export Compliance Programs.