Traffic in Arms Regulations (ITAR) Training€¦ · Company risk for non- compliance for ITAR Fines up to $1,000,000 per violation Loss of export privileges Debarment from AECA (Arms

2017 Oasis Systems – Proprietary

2017 Annual International Traffic in Arms

Regulations(ITAR)

Training


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


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)


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


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


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


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


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?


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?


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


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


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


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?


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


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?


Oasis Corporate Office:Kerry Pitrowski (Export Compliance

Officer)781.879.1444

[email protected]

Export CompliancePoint of Contact

Documents

Traffic in Arms Regulations (ITAR) Training€¦ · Company risk for non- compliance for ITAR Fines up to $1,000,000 per violation Loss of export privileges Debarment from AECA (Arms