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Itar for senior executives
1. International Traffic In Arms Regulations (ITAR) For Corporate Officers and Senior Management Compliance Assurance LLC February 16, 2011 Property of Compliance Assurance LLC
2. Property of Compliance Assurance LLC What Are the International Traffic In Arms Regulations? Section 38 of the Arms Export Control Act (AECA) Authorizes the President to Control the Import and Export of Defense Articles and Services Statutory Authority to Promulgate Regulations Was Delegated to the Secretary of State (E.O. 11958) 22 CFR part 120.1 Implements that Authority in the International Traffic In Arms Regulations “The ITAR” Property of Compliance Assurance LLC
3. Property of Compliance Assurance LLC International Traffic In Arms (ITAR) What Exactly is a Defense Article or Service? Part 120.2 – Items designated on the U.S. Munitions List (USML) as specified in part 121 of the ITAR Property of Compliance Assurance LLC Property of Compliance Assurance LLC
23. XX - Submersible Vessels, Oceanographic and Associated Equipment
24. XXI - Miscellaneous ArticlesProperty of Compliance Assurance LLC Property of Compliance Assurance LLC
25. Property of Compliance Assurance LLC International Traffic In Arms (ITAR) What Exactly is a Defense Article or Service? Part 120.3(a) - “is specifically designed, developed, configured, adapted, or modified for a military application, and Does not have predominant civil applications, and Does not have performance equivalent (defined by form, fit and function) to those of an article or service used for civil application;” Property of Compliance Assurance LLC Property of Compliance Assurance LLC
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28. Military training of foreign units and forcesProperty of Compliance Assurance LLC Property of Compliance Assurance LLC
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30. If any component is ITAR-controlled, then the equipment on which installed is also ITAR-controlled (see through rule)
32. E.g. Military aircraft (C-130) being used for cargo planeProperty of Compliance Assurance LLC
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35. Often required part of prime contractor’s programProtects Your Company From Fines, Penalties and Negative Publicity Property of Compliance Assurance LLC
36. Benefits of Not Being ITAR Compliant Joseph Piquet, Port St. Lucie, FL Convicted of 7 counts of conspiracy to export military-use electronic components to Hong Kong and PRC without the required export licenses under the Arms Export Control Act and the International Emergency Economic Powers Act (IEEPA) Submitted false End Use Certificates to the manufacturer (NGC) Sentenced to 5 years in prison Two years supervised release (after prison term) Free Room and Board! Property of Compliance Assurance LLC
44. Senior Management Responsibility Maintain Records of Manufacture, Acquisition and Disposition of ‘Defense Articles and Services’ Maintain Records of Political Contributions, Fees and Commissions Furnished or Obtained Ensure That Managers, Supervisors and Employees Receive Training on AECA and ITAR Requirements Ensure That Employees Understand the Ramifications For Failure to Comply With the Regulations Property of Compliance Assurance LLC
45. Senior Management Responsibility Property of Compliance Assurance LLC And If We Don’t… The Ultimate Responsibility Belongs to Senior Management!
49. Has the independent authority to:Inquire into any aspect of a proposed transaction Verify the legality of the transaction and accuracy of info to be submitted Refuse to sign any license application or other request for approval without prejudice or other adverse recourse Property of Compliance Assurance LLC
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52. Property of Compliance Assurance LLC What Makes and Effective Compliance Program? An effective export management and compliance program includes adherence to a set of operational compliance policies, procedures, and safeguards AND a written set of export-related guidelines that tell employees what is expected of them and provides management with a framework to evaluate whether: What should happen, does happen and What shouldn’t happen, doesn’t happen …on a daily basis. Source: Bureau of Industry and Security Property of Compliance Assurance LLC Property of Compliance Assurance LLC
53. Property of Compliance Assurance LLC Have Questions? Give Me a Call: www.WeAreCompliant.com Property of Compliance Assurance LLC Property of Compliance Assurance LLC