ITAR Awareness

The International Traffic in Arms Regulations (ITAR) were established by the U.S. Government to govern whether certain defence technologies can be exported from the U.S. – not just missiles and tanks but also services, components, data, software and derived products. Permissions granted under ITAR are very specific and do not allow non-U.S. organisations or individuals to share, sell or re-export the technologies to third parties, such as customers, partners or subcontractors unless specific approvals are in place.

ITAR-Controlled items include

Defence articles
These include items in the U.S. Munitions List or otherwise specifically designed, developed, configured, adapted or modified for a military application. These include complete systems such as tanks, weapons systems and so on, as well as components, parts, accessories and attachments specifically designed or modified for such defence articles.
Technical data
Technical data related to defence articles, including software code.
Defence services
This is the furnishing of assistance related to defence articles.
Derivative products
Which are items containing defence articles or technical data or products made using defence services, no matter how small the amount.

Authorisations

There are various mechanisms available for enabling the export of ITAR-controlled technologies to, say, a UK company.

These include a Manufacturing License Agreement (MLA) and DSP-5 / DSP-73 export licenses. Perhaps the most important, however, is the Technical Assistance Agreement (TAA).

Process

If you are a U.S. supplier of, or use any U.S.-origin defence technology in any of your products, and you intend to provide those products to General Dynamics EDGE UK, you will need to ensure that any U.S. export licences or Technical Assistance Agreements (TAAs) to which you are a signatory are issued or amended to authorise the re-transfer of such technology to General Dynamics Edge UK.

Please refer to the following checklist of Edge UK / GDUK requirements prior to processing a U.S. Export Licence, TAA or TAA amendment:

You should discuss the scope of any U.S. Export Licence, TAA or TAA amendments with General Dynamics Edge UK before they are submitted to the original U.S. supplier to identify all potential recipients of the technology, as all companies need to be listed individually.
All contact addresses for GDUK and signatories will be required.
All Foreign National and Dual National employees need to be included.
Sub-licensing requirements need to be included.

In all circumstances, please contact Helen Kerrell for advice:
     Helen Kerrell
     Export Compliance Coordinator
     EDGE UK / General Dynamics UK Limited
     email: helen.kerrell@generaldynamics.uk.com

30 July 2009	EDGE Update newsletter issue 2 now available. Download.
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