Export Compliance

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: 

  • Implementing the regulations of the Arms Export Control Act

  • U.S. Munitions List (USML)

  • Designating defense articles/services subject to State Export Jurisdiction

  • Licensing policy and procedures

  • Compliance enforcement

  • 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: 

  • Governs arms sales - foreign military sales and direct commercials sales

  • Mandates registration and licensing of any person who engages in manufacturing, exporting and brokering of defense articles and services 

  • Requires monitoring/reporting fees, contributions and commissions

  • Has broad authority of the Directorate to approve, deny, suspend, revoke and halt shipments at U.S. Ports

  • Establishes fines and penalties

  • Provides end use and retransfer assurances

ITAR and Element

Element’s export compliance program is designed to meet the applicable requirements of:

  • 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;

  • 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.

QUESTIONS ABOUT EXPORT COMPLIANCE

If you have questions or concerns regarding Element’s compliance policies or adherence to US export regulations, please contact Kevin Ranta, Vice President, Trade Compliance, at kevin.ranta@element.com

COMMERCE CONTROL LIST (CCL):

Export Administration Regulations (EAR), Link to the Bureau of Industry and Security

  • Category 0 Nuclear Materials, Facilities & Equipment (and Miscellaneous Items)
  • Category 1 Materials, Chemicals, Microorganisms, and Toxins
  • Category 2 Materials Processing
  • Category 3 Electronics Design, Development and Production
  • Category 4 Computers*
  • Category 5 (Part 1) – Telecommunications (Part 2) - Information Security*
  • Category 6 Sensors and Lasers
  • Category 7 Navigation and Avionics
  • Category 8 Marine
  • Category 9 Propulsion Systems, Space Vehicles and Related Equipment

* Controls generally apply to high performance computers with an Adjusted Peak Performance (APP) of .75 WT (Weighted TeraFLOPS) and encryption software.

U.S. MUNITIONS LIST (USML):

International Traffic in Arms Regulations (ITAR), Link to the United States Munitions List (USML)

  • Category I Firearms, Close Assault Weapons and Combat Shotguns
  • Category II Guns and Armament
  • Category III Ammunition/Ordnance
  • Category IV Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines
  • Category V Explosives and Energetic Materials, Propellants, Incendiary Agents and Their Constituents
  • Category VI Vessels of War and Special Naval Equipment
  • Category VII Tanks and Military Vehicles
  • Category VIII Aircraft and Associated Equipment
  • Category IX Military Training Equipment
  • Category X Protective Personnel Equipment
  • Category XI Military Electronics
  • Category XII Fire Control, Range Finder, Optical and Guidance and Control Equipment
  • Category XII Auxiliary Military Equipment
  • Category XIV Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment
  • Category XV Spacecraft Systems and Associated Equipment
  • Category XVI Nuclear Weapons, Design and Testing Related Items
  • Category XVII Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated
  • Category XVIII Directed Energy Weapons
  • Category XX Submersible Vessels, Oceanographic and Associated Equipment