Element Materials Technology is committed to a comprehensive export and trade compliance program, to protect our clients and their material or intellectual property from unlawful export procedures.
What are ITAR and EAR?
ITAR stands for International Traffic In Arms Regulations. ITAR is a set of United States government regulations that control the export and import of defense-related articles and services on the United States Munitions List.
EAR stands for Export Administration Regulations. These regulations are issued by the United States Department of Commerce, Bureau of Industry & Security (BIS) under laws relating to the control of certain exports, reexports, and activities.
The purview of the International Traffic In Arms Regulations (ITAR) includes:
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Implementing the regulations of the Arms Export Control Act
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U.S. Munitions List (USML)
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Designating defense articles/services subject to State Export Jurisdiction
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Licensing policy and procedures
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Compliance enforcement
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Fines and penaltie
The Arms Export Control Act
Section 38 of the Arms Export Control Act (22 U.S.C. 2778) authorizes the President of the United States to control the export and import of defense articles and defense services. The Arms Export Control Act:
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Governs arms sales - foreign military sales and direct commercials sales
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Mandates registration and licensing of any person who engages in manufacturing, exporting and brokering of defense articles and services
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Requires monitoring/reporting fees, contributions and commissions
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Has broad authority of the Directorate to approve, deny, suspend, revoke and halt shipments at U.S. Ports
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Establishes fines and penalties
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Provides end use and retransfer assurances
ITAR and Element
Element’s export compliance program is designed to meet the applicable requirements of:
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Export Administration Regulations (EAR) as administered by the Bureau of Industry and Security (BIS). These regulations focus on so-called ‘dual use’ items, civilian items that can also be used for military purposes;
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International Traffic in Arms Regulations (ITAR) as administered by the Directorate of Defense Trade Controls (DDTC). These regulations focus on defense and military items; and/or Foreign Assets Control Regulations (FACR) as administered by the Office of Foreign Assets Control (OFAC). These regulations contain sanction and embargo programs of the US Government.
Compliance with the above export regulations is an essential requirement for the international and worldwide business of Element’s US operations.
Element's compliance to ITAR
All of Element’s US operations are committed to providing sufficient resources and expertise to ensure compliance with the applicable export control requirements. This includes the appointment of Empowered Officials at each US location. These Empowered Officials have been thoroughly trained in International Traffic In Arms Regulations (ITAR) 22 C.F.R. Chapter I, Subchapter M Parts 120-130. A Manager of Export Compliance was assigned to support the day-to-day ITAR operations at each location, this role reports to the Vice President of Trade Compliance.
To ensure effective implementation of ITAR processes, Element has published a Technology Control Plan which provides the the procedures to the management of “export-controlled” technical data/technology, software, products and services. Also implemented is an extensive visitor control program to control access to all Element US facilities in accordance with ITAR requirements.
Contact Element with your Export Compliance questions
If there are any questions or concerns regarding Element’s compliance policies or adherence to US export regulations, please contact Kevin Ranta, Vice President, Trade Compliance.