The Annotated ITAR™
THE ANNOTATED ITAR™©
by James Ellwood Bartlett III
INTERNATIONAL TRAFFIC IN ARMS REGULATIONS
22 C.F.R. CHAPTER I, SUBCHAPTER M, PARTS 120-130
LATEST ITAR AMENDMENTS: 79 FED. REG. 21616-21617 (APR. 17, 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)(ITAR 120.12), prohibits the export (ITAR 120.17) and temporary import (ITAR 120.18) of defense articles (ITAR 120.6) and technical data (ITAR 120.10), the provision of defense services (ITAR 120.9) to foreign persons (ITAR 120.16), and the brokering (ITAR 129.1) of defense articles or services by all persons (ITAR 120.14) in the United States (ITAR 120.13) and by U.S. persons (ITAR 120.15) wherever located, unless approved (ITAR 123.1(a)) in advance by a DDTC-issued export license (ITAR 120.20; ITAR part 123), agreement (ITAR 120.21, 120.22, 120.23; ITAR part 124), or by qualification for an ITAR exemption (ITAR 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 (ITAR 122.1(a), 129.3) and maintain records of regulated activities for 5 years (ITAR 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 (ITAR part 130). Violations are punishable by fines, imprisonment, and debarment (ITAR 127.3).
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 footnotes to delayed implementation sections that take effect in the future, over 500 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, twice already in 2014, and we expect more amendments in 2014 as Export Control Reform takes place.
Purchase the BITAR at the Full Circle Compliance website, www.fullcirclecompliance.us or www.fullcirclecompliance.us. NDIA members may obtain a 10% discount by contacting the author, Jim Bartlett, at JEBartlett@JEBartlett.com or 202-802-0646, or emailing Kimberly Williams at firstname.lastname@example.org for the NDIA discount code.