If your company is involved in exporting any defense products, services, or related technical data, you’re probably already conversant in the International Traffic in Arms Regulations (ITAR). And if not, you would like to be! These export control laws are designed to stop unauthorized foreign nationals from procuring any sensitive information. this text reviews what ITAR compliance means, who needs it, and therefore the penalties for ignoring it.
Definition of ITAR Compliance
At its most elementary, being ITAR compliant means following all of the wants of the International Traffic in Arms Regulations (ITAR). The tricky thing is that there's no strict definition of ITAR compliance, aside from adhering to the law.
Following are the steps:
- Register with the U.S. State Department’s Directorate of Defense Trade Controls. There is a non-refundable fee associated with registration.
- Obtain the proper licenses for the things you plan to export.
- Ensure your policies and procedures are compliant with ITAR requirements.
- Make sure someone at your facility is educated about ITAR and trained in how to keep your policies and procedures compliant.
If that sounds somewhat vague, well, it is! What it comes right down to is that you’re liable for ensuring that you’re following all relevant ITAR guidelines. There’s no such thing as third-party certification for ITAR compliance — you want to found out your systems appropriately then confirm the principles are followed. One aspect of ITAR compliance is verifying the citizenship of anyone who has access to sensitive information. That’s where a visitor management system comes in. With a visitor management system, you'll not only invite verification of citizenship status, but also print that status directly on each visitor’s badge. meaning you’ll always be ready to see at a look who’s in your facility. you'll also use a visitor management system to capture signatures on any required legal agreements, like NDAs and technology control plans, also on keep a record of everyone who visits your facility. Learn more about these and other visitor management system features. For other common ITAR compliance issues, ask this checklist from the law offices of Williams Mullen.
Do you really need to comply with ITAR?
All exporters, manufacturers, and brokers of defense services, defense artciles, and related technical data must be ITAR compliant. But what does that mean? Here are some useful definitions.
What are the penalties for ignoring ITAR compliance?
Last, but not least, what happens if you don’t suit ITAR? We guarantee this is often a situation you’d rather avoid. ITAR violations may result in fines of $1 million or more per violation, also as jail time and debarment (meaning you lose your export license). Simply put, regardless of the hassle of becoming ITAR compliant, it’s considerably smaller than the results of not doing it!