International Traffic in Arms Regulations (ITAR)
The International Traffic in Arms Regulations (ITAR) is a set of United States government regulations that control the export and import of a specific list of defence-related munitions and services. ITAR also includes Technical Assistance Agreements (TAAs) which may just mean the transfer of the knowledge of how to do something rather than the equipment itself.
Designed to control access to various types of technology and information associated with them by nationality and geography, ITAR prevents the disclosure of sensitive data to organisations or individuals overseas, in order to safeguard US national security. The detail of the rules are very complex and rigorously applied.
Exporters or manufacturers of items controlled by ITAR are obliged to register with the U.S. State Department’s Directorate of Defense Trade Controls (DDTC). These organisations are then encouraged to create ITAR compliance programmes for record-keeping which include the identification, receipt and tracking of ITAR-controlled items and technical data.
Since 1999 penalties for ITAR breaches have sky-rocketed with the highest enforcement action to date being an action for $100 million in 2007.
Penalties against organisations generally require mandatory spending on compliance measures, including the appointment of an Internal Special Compliance Officer. They can also require an external audit. In serious cases, companies may lose the right to export or be involved in specific programmes for a specific period.
Boldon James Data Classification products support compliance with ITAR by requiring users to identify key data enabling their organisation to make decisions about how that data is stored and transmitted. Investment in such processes may constitute a ‘reasonable measures’ defence in the event of a contravention of the ITAR regulations.
- Increasing user awareness of their duty of care in relation to Export Control
- Facilitating the labelling of documents with their Export Control Classification Number
- Providing an internal ‘check and send’ on the clearance level of users
- Allowing Domain clearance checking to ensure information is sent to the correct external organisations
- Leveraging other third party technologies that can help protect your data.
Boldon James Products
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