Bartlett’s 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 amendment 77 FR 39392 (July 3, 2012)
Latest editorial revisions September 1, 2012
Bartlett’s Annotated ITAR is a reprint of the International Traffic in Arms Regulations with features added by the author, including a Table of Contents, footnotes, section histories, appendixes containing government guidance and articles of interest, and an Index. Many readers have contributed practice tips and commentary. The text is the same as published in the official version, 22 C.F.R. §§ 120-130 (April 1, 2011) and downloaded from the Government Printing Office (GPO) website, with all amendments published in the FEDERAL REGISTER since April 1, 2011. (Although republished annually with a C.F.R. publication date of 1 April, the actual GPO publication usually occurs in June or July.) The official C.F.R. version, however, does not include any revisions published in the Federal Register after the last official version, which are included in this version. Some footnotes in this document refer the reader to statutory changes that are effective, even though they have not yet resulted in changes to the official version of the ITAR.
Errors in the official GPO version are repeated here verbatim, followed by "[sic]", and a footnote explaining the error and the suggested correction except . "Id." indicates a repeated footnote. Most typeface, capitalization, and paragraphing errors and inconsistencies are corrected in this version per the U.S. Government Printing Office Style Manual without indicating the change from the original. Some words (e.g., "end use", "end user", "reexport", and "retransfer") are alternatively hyphenated and printed solid in the official ITAR version.
This work may be freely distributed without compensation to the author, although attribution to "Bartlett’s Annotated ITAR , by James E. Bartlett III" will be appreciated. Please email reader comments and practice tips to JEBartlett@JEBartlett.com.
Summary of the ITAR: 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 or exports 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). 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.
Last amendment to ITAR: July 3, 2012, Removing 126.1(u), Yemen.