International Traffic in Arms Regulations
ITAR is an acronym that stands for International Traffic in Arms Regulations (22 CFR §§120-130) that are administered by the U.S. Department of State through the Directorate of Defense Trade Controls (DDTC) under authority of the Arms Export Control Act (22 USC §2778). ITAR places strict controls on the export of "defense articles" and "defense services." Defense articles include any item, software, or technical data on the United States Munitions List (USML). Defense services include the furnishing of assistance (including training) to foreign persons, whether or not in the United States, with respect to defense articles, and the furnishing of any technical data associated with a defense article. Any defense article, service, or related technical data found to be on the USML requires an export license to be exported; i.e., given to a foreign person, whether or not in the United States. Some license exemptions are available under specific circumstances, but in general you should expect to obtain an export license.
VT's Unmanned Underwater Vehicle - The product of fundamental research.
ITAR
ITAR controls exports that are:
- Predominantly items of military nature
- Modified or specifically designed for military use
- "Space" related items and technology
- Controlled for national security reasons
- Includes "defense services"
Tips for accepting defense or space related "items (technical data, software, equipment, and materials,) at the university:
- Contact this office and Fixed Asset Management any time you obtain a defense or space related item from a third party (government, government agency, contractor, or sponsor). We'll help you determine if your item is a defense article and whether or not export licenses are needed for foreign students and researchers to have access.
- Do NOT rely on the Department of Defense, NASA, or their contractors to tell you if it is okay for your foreign student or researcher to have access to these items.
We need to obtain in writing from the sponsoring agency (DoD or NASA) verification that the item has been cleared for public release or educational purposes. Otherwise, a State Department export license will most likely be required for any foreign person to have access to the defense article.
ITAR Definitions
Defense Article:
Fido Mars Rover Courtesy NASA
Defense article means any item or technical data designated in the USML. This term includes technical data recorded or stored in any physical form, models, mockups or other items that reveal technical data directly relating to items designated in the USML. It does not include basic marketing information on function or purpose or general system descriptions.
Defense Service:
- The furnishing of assistance (including training) to foreign persons, whether in the United
States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles; - The furnishing to foreign persons of any technical data controlled on the USML (see 22 CFR §120.10), whether in the United States or abroad; or
- Military training of foreign units and forces, regular and irregular, including formal or
informal instruction of foreign persons in the United States or abroad or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice. (See also 22 CFR §124.1.)
Significant Military Equipment (SME)
Significant military equipment means articles for which special export controls are warranted
because of their capacity for substantial military utility or capability.
Significant military equipment includes:
(1) Items in USML which are preceded by an asterisk; and
(2) All classified articles enumerated in the USML.
U.S. Munitions List
Controlled items on the U.S. Munitions List (USML) are divided into 22 categories. Within each category is a listing or description of the controlled items. The USML categories include broad descriptions of controlled items. For a complete listing of the items see the full text at 22 CFR §121. The following 22 categories of items and defense articles comprise the USML.
United States Munitions List Categories
| Cat. | Description |
|---|---|
| I | Firearms, Close Assault Weapons and Combat Shotguns |
| II | Guns and Armament |
| III | Ammunition/Ordinance |
| IV | Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines |
| V | Explosives and Energetic Materials, Propellants, Incendiary Agents, and Their Constituents |
| VI | Vessels of War and Special Naval Equipment |
| VII | Tanks and Military Vehicles |
| VIII | Aircraft and Associated Equipment |
| IX | Military Training Equipment and Training |
| X | Protective Personnel Equipment and Shelters |
| XI | Military Electronics |
| XII | Fire Control, Range Finder, Optical and Guidance and Control Equipment |
| XIII | Auxiliary Military Equipment |
| XIV | Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment |
| XV | Spacecraft Systems and Associated Equipment |
| XVI | Nuclear Weapons, Design and Testing Related Items |
| XVII | Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated |
| XVIII | Directed Energy Weapons |
| XIX | [Reserved] |
| XX | Submersible Vessels, Oceanographic and Associated Equipment |
| XXI | Miscellaneous Articles |
Principal Risks of ITAR Export Violations
- Export a defense article to a foreign country without an export license or other government approval, or
- Allow a foreign national access to, provide a defense service on, or provide technical data (including source code) related to a defense article without a license and/or other government approval, except information that is:
- in the public domain;
- information concerning general scientific, mathematical or engineering principles commonly taught in schools, colleges and universities; or
- basic marketing information on function or purpose or general system descriptions
The threshold for what constitutes an export of ITAR- restricted technical data or performing a defense service is very low- any unclassified information about a defense article. It is reasonable to assume that using a defense article in research will require export licenses for all foreign nationals involved.
Consult with OESRC before proceeding with an ITAR-restricted defense article in your activity.
ITAR Decision Tree
The
ITAR Decision Tree (PDF | 40KB)is provided as a tool to provide simplified guidance to determine when research is subject to the ITAR and when a technology control plan will be required.Please contact: David Brady, (540)231-3801, if you have questions regarding ITAR jurisdiction, research subject to either ITAR or EAR, or a commodity classification.