Post on 23-Jun-2020
2017 Oasis Systems – Proprietary
2017 Annual International Traffic in Arms
Regulations(ITAR)
Training
2017 Oasis Systems – Proprietary
The US government restricts the release of strategically important technology and products to: Limit Weapons of Mass Destruction
(WMD) proliferation Prevent our adversaries from obtaining the
capability to threaten US national security Ensure US allies have the best equipment
and know-how Prevent supply shortages of critical
materials Support US foreign policy (human rights,
trade sanctions, embargoes) Ensure US forces have the best
equipment and know-how
Purpose of Export Laws and Controls
2017 Oasis Systems – Proprietary
ITAR controls export &/or import of any item or data or service of a sensitive nature to U.S. security interests. Those interests are listed within the ITAR under 21 categories of Defense Articles (e.g., warplanes, warships, military firearms…) and related defense services.
ITAR applies to Oasis because Oasis provides services & data under USG contracts related to 3 of the 21 categories. Oasis does not manufacture any item or defense article listed under those categories.
ITAR prohibits any export &/or import of Technical Data or Defense Services without first having the proper authorization in place.
ITAR compliance means U.S. security interests are protected and personal &/or corporate penalties are avoided.
Oasis would be exporting if (a) orally, visually or in writing technical data was disclosed or transferred or (b) such services were provided on the behalf, or for their benefit, of any Foreign Person, whether in the U.S. or abroad.
International Traffic in ArmsRegulations (ITAR)
2017 Oasis Systems – Proprietary
A defense article is any item or technical data listed in the ITAR on the United States Munitions List (USML) e.g. radars, military engines, computer software
An article or service may be designated as a defense article in the future under certain conditions Items designed, developed, configured, adapted, or
modified for military application No civil application equivalent
ITAR requires a record of all exports
Defense Article
2017 Oasis Systems – Proprietary
Information that is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles…engineering “know-how” Examples Blueprints • technical drawings • photographs Plans • instructions • proposals Specifications • statements of work Test procedures / results “How-to” information
Software directly related to defense articles Classified information relating to defense articles and
defense services
U.S. Controlled TechnicalData
2017 Oasis Systems – Proprietary
Furnishing assistance (including training and providing tech data) to a foreign person(s) in the:
Design Development Engineering Manufacture Production Assembly Testing
Repair Maintenance Modification Operation Demilitarization Destruction Processing Use
Examples include: set to work, installations, troubleshooting, meetings,provision of tech data
ITAR requires a record of all exports
Defense Service
2017 Oasis Systems – Proprietary
US Person US citizen Lawful permanent
resident Green card holder
Protected individual Refugee or asylum status
Corporation, business, or other entity incorporated to do business in the US
US governmental or state agency
Foreign Person Person holding citizenship of
a foreign country Foreign entities not
incorporated or organized to do business in the US
Foreign governments (foreign embassies on US soil)
US persons employed by or working on behalf of a “Foreign Person”
US Person vsForeign Person
2017 Oasis Systems – Proprietary
As defined by the ITAR, export means: Sending or taking a defense article out of the U.S. in any manner Transferring registration, control, or ownership of any aircraft, vessel,
or satellite covered by the USML to a foreign person Disclosing (either orally or visually) or transferring in the US any
defense article to an embassy, agency or subdivision of a foreign government (i.e. diplomatic missions)
Disclosing (either orally or visually) or transferring technical data to a foreign person, either in the US or abroad
Performing a defense service on behalf of, or for the benefit of, a foreign person, either in the US or abroad
The sale, transfer, or proposal to sell or transfer defense articles or services to certain countries
What is an Export?
2017 Oasis Systems – Proprietary
Hand-Carry Travel -
Foreign/Domestic Technical Services Phone/Fax / E-mail Laptops Trade Shows Computer Networks Casual Conversation
Mail Tours / Meetings Website Presentations/Briefings Collaborative
Environments e.g. SharePoint
(accessing and sharing info)
Shipments
How Do Exports Occur?
2017 Oasis Systems – Proprietary
In accordance with ITAR, we must obtain approval prior to: All exports
Meeting agendas & attendance
Public release data
Technical data exports/transfers DSEAs (Data & Services Export Authorization)
By hard copy
By verbal or oral (presentations)
By e-mail, faxes, phone conversations, etc.
Note: Required to keep records for 5 years
Recordkeeping
2017 Oasis Systems – Proprietary
Export approvals take time – please contact your Export Compliance Officer as soon as possible
Teamwork and planning are necessary Export compliance can help you develop export
licensing strategies and ensure any exemptions are sent to USG in a timely manner in order to meet critical program deadlines.
Planning Ahead…The Key To Success
2017 Oasis Systems – Proprietary
Technical Assistance Agreement (TAA) Transfer of tech data, defense articles and/or services
Manufacturing Assistance Agreement (MLA) Permits manufacture / sale of defense articles abroad
Licenses ITAR Exemptions Exports “exempt” from authorization requirements Must meet specific criteria Case-by-case Contact your Export Compliance Officer for
applicability (e.g. Foreign Military Sales “FMS”)
AuthorizationsALL Authorizations are Subject to Limitations and Provisos
2017 Oasis Systems – Proprietary
You can provide: Basic marketing
information such as:form (size), fit (weight) and function (power/voltage) information Have your USG
customer provide the info
General system description
Public domain information
No Export Authorization?
2017 Oasis Systems – Proprietary
Company risk for non-compliance for ITAR Fines up to $1,000,000 per violation Loss of export privileges Debarment from AECA (Arms Export Control Act) activities No ITAR exports
Debarment from government contracting Placement of company on "denied parties list“
Individual risk for non-compliance Fines up to $1,000,000 per violation 10 years imprisonment per violation
Cost of IgnoringRegulations
2017 Oasis Systems – Proprietary
Public Information Release Authorization (PIRA) Release of all forms of communication to the public
Publicly available information Newsstands, unrestricted subscriptions, 2nd class mail, libraries
Publicly released by USG DoD Statement A (can be released to the public)
Basic marketing information on function or purpose General scientific, mathematic, and engineering principles, or
fundamental research e.g., schedules, parts lists, top-level drawings
Public DomainWhat is NOT Technical Data?
2017 Oasis Systems – Proprietary
Oasis Corporate Office:Kerry Pitrowski (Export Compliance
Officer)781.879.1444
KPitrowski@OasisSystems.com
Export CompliancePoint of Contact