Annotated ITAR


by James Ellwood Bartlett III

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, better known as “Bartlett’s Annotated ITAR” (the “BITAR”), contains the complete ITAR with all amendments to date. The BITAR also contains a huge 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 600 footnotes to errors in the ITAR, section histories, cases interpreting the regulations, and practice tips. The BITAR is available for purchase in electronic copy (Word) by annual subscription.  Subscribers will automatically 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.  More amendments are expected this year as Export Control Reform continues.  Don’t use out-of-date regulations!

Purchase the BITAR at the FCC website, or NDIA members may obtain a 10% discount by contacting the author, Jim Bartlett, at or 202-802-0646, or by emailing Britt Sullivan at for the NDIA discount code.