ITAR can be difficult to understand for those unfamiliar with its lengthy regulations and applications. Stay updated on the latest news through our Compliance Corner.
How important is it to understand the Six Big Questions in any transaction?
Who – Knowing who you are transacting business with is vital in maintaining compliance with your programs, keeping your integrity intact and maintaining your company
7 Responses
What can you tell me about sub-licenses? What is one? Can a foreign company hire other companies to do services under an authorized TAA?
A sublicensee is a party that is authorized to take delivery of defense articles or services under the International Traffic in Arms Regulations (ITAR). This includes the responsibility to ensure that the licensed items are not further disclosed or transferred to unauthorized parties without prior approval from the U.S. government.
If you are an authorized foreign entity as part of a license of Technical Assistance Agreement (TAA) and have a sublicensee, they should be already recognized and authorized and must comply with ITAR regulations and may be required to submit additional documentation or certifications to maintain their authorization.
Hello,
As a Foreign Company can I do my own ITAR compliance without a U.S. company who is registered with the DDTC?
Hi,
Thanks for your question. In short, it’s not advised for the following reasons:
If you’re conducting ITAR, for your employees or someone else’s employees, why?
Are you supporting a defense service on US defense articles? If yes, please contact your U.S. ITAR compliance company. To many unknowns and the experts will advise you, to ensure you don’t violate US export laws. Thanks. We’re here to help
In short, it’s not advised. Most likely if a foreign company is providing ITAR training to its employees or another companies employees, one or both of the foreign firms are conducting a defense service on U.S. defense articles. There could be many concerns with this scenario, one that would require a registered U.S. company with knowledge in U.S. export compliance to address. Such things as: who are the parties involved, Nationalities of the parties, The defense articles in question, is there authorization from the Directorate of Defense Controls (DDTC), is it needed? To many unknowns for a foreign entity to completely understand. Please contact us, if we can be of service. Thank you for your comment.
As a non-US entity, you can request from DDTC an authorization to operate; however, for license submission and authorization, you will need a US entity in place to support the license application.
As a non-US entity, you can request from DDTC an authorization to operate; however, for license submission and authorization, you will need a US entity in place to support the license application. This would not limit you form operating with ITAR compliance in place; however, I recommend utilizing a US entity, who is familiar with ITAR controls and implementation, to assist in your program efforts.