U.S. International Traffic in Arms Regulations …（美国国际武器运输条例u2026）.pdfVIP

U.S. International Traffic in Arms Regulations (“ITAR”) Berliner, CorcoranRowe,L.L.P Attorney: John A. Ordway 1.Introduction Not infrequently, companies not members of the U.S. defense and aerospace industries misunderstand the scope and application of the U.S. International Traffic in Arms Regulations (“ITAR”). As its name suggests, the ITAR governs transfers of arms. However, the ITAR can apply to business activities far removed from what one might consider to be arms exports (the shipment from the U.S. of, for instance, missiles, tanks, military aircraft, and warships). The “arms” to which the ITAR applies are identified on the United States Munitions List (“USML”). In addition to commodities that are clearly weapons, the USML governs common electronic devices such as infrared focal plane arrays and lasers that are specifically modified or configured for military application, as well as all spacecraft (including research and commercial communications satellites and components). Virtually any modification to a commercial product specifically for a military (or space) application will subject the modified product to the ITAR. The word export, as used in the ITAR, includes the obvious activities of sending or taking any ITAR-controlled commodity or information out of the United States. However, the term export also includes transferring ITAR-controlled commodities or information within the United States to anyone not a U.S. citizen or lawful permanent resident (with certain narrow exceptions). Given this definition, transfers of ITAR- controlled commodities or information to non-U.S. employees of U.S. companies entirely within the U.S. are exports. Finally, the