ITAR Frequently Asked Questions

1. The basics

1. What are the ITAR, and where do they come from?
2. I have older guidance that says "ODTC." Is that the same agency?
3. Does the ITAR apply to my company?
4. What is a "defense article," and what is the U.S. Munitions List?

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2. Jurisdiction: USML or CCL?

5. My product is not obviously military. Which agency's rules apply?
6. What if I am not sure which list my product is on?
7. How long does a commodity jurisdiction determination take?
8. My foreign customer will only use the item commercially. Does that help?

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3. Registration, licensing, and agreements

9. How does DDTC registration actually work?
10. Once registered, can I export?
11. What kinds of licenses and approvals are there?
12. Are there special exemptions for close allies?
13. What are TAAs and MLAs?
14. What are SME and MDE, and why do the asterisks on the USML matter?
15. Which destinations are off-limits?

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4. The definitions that catch people

16. What counts as an "export"? I do not ship anything overseas.
17. Who is a "U.S. person," and who is a "foreign person"?
18. What is "technical data"?
19. What is a "defense service"?
20. How long do we have to keep records?

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5. Enforcement

21. What are the penalties for violating the ITAR?
22. Besides fines, what else can happen?
23. We think we already violated the ITAR. What should we do?
24. What does DDTC expect our compliance program to look like?

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