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 Annotated ITAR 

The Annotated ITAR

by James Ellwood Bartlett III
79 Fed. Reg. 66608-66616 (Nov. 10, 2014)
Latest editorial revisions Nov. 27, 2014

SUMMARY OF THE ITAR (by Jim Bartlett)

The U.S. Arms Export Control Act (22 U.S.C. 2778), implemented by the ITAR (22 CFR §§ 120-130) and administered by the State Department's Directorate of Defense Trade Controls (DDTC) (§ 120.12), prohibits the export (§ 120.17) and temporary import (§ 120.18) of defense articles (§ 120.6) and technical data (§ 120.10), the provision of defense services (§ 120.9) to foreign persons (§ 120.16), and the brokering (§ 129.1) of defense articles or services by all persons (§ 120.14) in the United States (§ 120.13) and by U.S. persons (§ 120.15) wherever located, unless approved (§ 123.1(a)) in advance by a DDTC-issued export license (§ 120.20; Part 123), agreement (§§ 120.21, 120.22, 120.23; Part 124), or by qualification for an ITAR exemption (§ 123.1(a)).  Any person in the USA who manufactures, exports, or temporarily imports defense articles, furnishes defense services to foreign persons, or brokers defense articles or services must register with DDTC (§§ 122.1(a), 129.3) and maintain records of regulated activities for 5 years (§§ 122.5, 123.26). Persons who pay certain fees or commissions to secure the sale of defense articles or services must report those payments to DDTC (Part 130). Violations are punishable by fines, imprisonment, and debarment (§ 127.3). Also, 18 U.S.C.A. § 554 prohibits the export of any item from the United States contrary to any law or regulation of the United States, punishable by fine and imprisonment of not more than 10 years.

The Annotated International Traffic in Arms Regulations (2014), better known as “Bartlett’s Annotated ITAR” (the “BITAR”), contains the complete ITAR with all amendments to date. The BITAR also contains a large index, an appendix including portions of the Arms Export Control Act, a list of all ITAR amendments since 2007, and a list of all Consent Agreements published by DDTC.  Also included are over 400 footnotes to errors in the ITAR, section histories, cases interpreting the regulations, and practice tips. The BITAR is available for purchase in hard copy (3-ring binder) or in electronic copy (Word and PDF) by annual subscription.  Subscribers receive all amendments as they are published in the Federal Register in completely revised versions in Word and PDF, sent directly to subscribers in an email attachment. With an electronic subscription, you will never be without an updated version of the ITAR and FTR. The ITAR was amended 13 times in 2013, and 11 times so far in 2014, and we expect more amendments in as Export Control Reform takes place.

Purchase the BITAR at the Full Circle Compliance website, or NDIA members may obtain a 10% discount by contacting the author, Jim Bartlett, at or 202-802-0646, or emailing Kimberly Williams at for the NDIA discount code.


Affiliate Associations

The Association for Enterprise Information    National Training and Simulation Association    Precision Strike Association    Women in Defense