Field reference
Search the language that shows up in licenses, regulations, shipping documents, and hard conversations.
Under ITAR (22 CFR 120.1): “The U.S. law (22 U.S.C. 2778) authorizing the President to control the export and temporary import of defense articles and services, providing the legal basis for ITAR to safeguard national security and foreign policy.” (Not explicitly defined in ITAR; based on DDTC context at 22 CFR 120.1)
Under ITAR (22 CFR 120.45(b)): “Component means an item that is useful only when used in conjunction with an end-item. Components are also commonly referred to as assemblies. For purposes of this definition, an assembly and a component are the same.”
Under ITAR (22 CFR 120.20): “Brokering activities means any action on behalf of another to facilitate the manufacture, export, permanent import, transfer, reexport, or retransfer of a U.S. or foreign defense article or defense service, regardless of its origin.”
Under ITAR (22 CFR 120.4(a)): “A commodity jurisdiction request is used to determine whether an article or service is covered by the U.S. Munitions List and therefore subject to export controls administered by the Department of State pursuant to the Arms Export Control Act and the International Traffic in Arms Regulations or the Commerce Control List contained in Supplement No. 1 to part 774 of the Export Administration Regulations administered by the Department of Commerce.”
Under ITAR (22 CFR 120.45(b)): “Component means an item that is useful only when used in conjunction with an end-item. Components are also commonly referred to as assemblies. For purposes of this definition, an assembly and a component are the same. There are two types of components: Major components, which are defined as significant assemblies or articles that have significant performance characteristics; and minor components, which are defined as articles that are covered by the term component, but are considered less significant in terms of performance characteristics.”
Under ITAR (22 CFR 120.1(b)): “The Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, Department of State, has been delegated authority to administer export controls over defense articles and defense services as provided in this subchapter.”
Under ITAR (22 CFR 120.50(a)(2)): “Releasing or otherwise transferring technical data to a foreign person in the United States (a ‘deemed export’).”
Under ITAR (22 CFR 120.6): “Defense article means any item or technical data designated in § 121.1 of this subchapter.”
Under ITAR (22 CFR 120.32): “Defense service means: (a) The furnishing of assistance (including training) to foreign persons, whether in the United States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing, or use of defense articles; (b) The furnishing to foreign persons of any technical data controlled under this subchapter, whether in the United States or abroad; or (c) Military training of foreign units and forces, regular and irregular, including formal or informal instruction of foreign persons in the United States or abroad or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice.”
Under ITAR (22 CFR 122.1(a)): “Any person who engages in the United States in the business of manufacturing or exporting or temporarily importing defense articles, or furnishing defense services, is required to register with the Directorate of Defense Trade Controls under § 122.2.”
Under ITAR (22 CFR 120.65): “District Director of Customs Service means District Director of U.S. Customs Service or legacy U.S. Customs Service equivalent.”
Under ITAR (22 CFR 120.67): “Empowered official means a U.S. person who: (1) Is directly employed by the applicant or registrant in a position having authority for policy or management within the organization; (2) Is legally empowered in writing by the applicant or registrant to sign license applications or other requests for authorization on behalf of the applicant or registrant; (3) Understands the provisions and requirements of the various export control statutes and regulations, and the criminal liability, civil liability, and administrative penalties for violating the Arms Export Control Act and the International Traffic in Arms Regulations; and (4) Has the independent authority to: (i) Inquire into any aspect of a proposed export, temporary import, or brokering activity by the applicant or registrant; (ii) Verify the legality of the transaction and the accuracy of the information to be submitted; and (iii) Refuse to sign any license application or other request for authorization without prejudice or other adverse recourse.”
Under ITAR (22 CFR 120.45(c)): “End-item means a system, equipment, or an assembled article ready for its intended use. Only ammunition or fuel or other energy source is required to place it in an operating state.”
Under ITAR (22 CFR 120.28): “Exemption means a provision in this subchapter that authorizes the export, temporary import, or other activity involving a defense article, defense service, or technical data without a license or other written authorization from the Directorate of Defense Trade Controls.”
Under ITAR (22 CFR 120.50(a)): “Export means: (1) Sending or taking a defense article out of the United States in any manner; (2) Releasing or otherwise transferring technical data to a foreign person in the United States (a deemed export); (3) Transferring registration, control, or ownership of any aircraft, vessel, or satellite covered by the U.S. Munitions List, whether in the United States or abroad to a foreign person; (4) Releasing or otherwise transferring a defense article to an embassy or to any agency or subdivision of a foreign government, such as a diplomatic mission, in the United States; or (5) Performing a defense service on behalf of, or for the benefit of, a foreign person whether in the United States or abroad.”
Under ITAR (22 CFR 120.56): “Foreign defense article or defense service means any article or service described on the U.S. Munitions List or designated as a defense article or defense service under the laws or regulations of a foreign government.”
Under ITAR (22 CFR 120.62): “Foreign person means any natural person who is not a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any foreign corporation, business association, partnership, trust, society, or any other entity or group that is not incorporated or organized to do business in the United States, as well as international organizations, foreign governments, and any agency or subdivision of foreign governments (e.g., diplomatic missions).”
Under ITAR (22 CFR 120.34): “Fundamental research means basic and applied research in science and engineering, the results of which ordinarily are published and shared broadly within the scientific community, as distinguished from proprietary research and from industrial development, design, production, and product utilization, the results of which ordinarily are restricted for proprietary or national security reasons.”
Under ITAR (22 CFR 120.1(a)): “The International Traffic in Arms Regulations (ITAR), 22 CFR parts 120 through 130, are promulgated pursuant to the Arms Export Control Act and regulate the articles and services designated by the President as defense articles and defense services on the United States Munitions List (USML).”
Under ITAR (22 CFR 120.21): “Manufacturing license agreement means an agreement (e.g., contract), whereby a U.S. person grants a foreign person an authorization to manufacture defense articles abroad and which involves or contemplates: (a) The export of technical data or defense articles; or (b) The use by the foreign person of technical data or defense articles previously exported by the U.S. person.”
Under ITAR (22 CFR 120.45(a)): “Part means any single unassembled element of a major or minor component, accessory, or attachment, which is not normally subject to replacement but is essential to the operation of an end-item.”
Under ITAR (22 CFR 120.14): “Person means a natural person as well as a corporation, business association, partnership, society, trust, or any other entity, organization or group, including governmental entities. If a provision in this subchapter does not refer exclusively to a foreign person (§ 120.62) or U.S. person (§ 120.15), then it refers to both.”
Under ITAR (22 CFR 120.11(a)): “Public domain means information which is published and which is generally accessible or available to the public: (1) Through sales at newsstands and bookstores; (2) Through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information; (3) Through second class mailing privileges granted by the U.S. Government; (4) At libraries open to the public or from which the public can obtain documents; (5) Through patents available at any patent office; (6) Through unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the public, in the United States; (7) Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency; (8) Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community.”
Under ITAR (22 CFR 120.51): “Reexport means any retransfers of a defense article, technical data, or defense service originally exported from the United States by any means to a new foreign destination or a new foreign end-user.”
Under ITAR (22 CFR 120.66): “Technical assistance means assistance relating to items on the U.S. Munitions List including instruction, skills training, working knowledge, consulting services, or any other transfer of technical data.”
Under ITAR (22 CFR 120.22): “Technical assistance agreement means an agreement (e.g., contract) for the performance by a U.S. person of a defense service or the disclosure by a U.S. person of technical data to a foreign person.”
Under ITAR (22 CFR 120.33): “Technical data means: (a) Information, other than software as defined in § 120.40, which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles. This includes information in the form of blueprints, drawings, photographs, plans, instructions, or documentation; (b) Classified information relating to defense articles covered under this subchapter; (c) Information covered by an invention secrecy order; (d) Software as defined in § 120.40 directly related to defense articles.”
Under ITAR (22 CFR 120.53): “Temporary import means, for articles subject to the ITAR, bringing into the United States from a foreign country an article that is on the United States Munitions List with the intent to return it to the country from which it was shipped within a period of time not to exceed four years from the date of entry.”
Under ITAR (22 CFR 120.15): “U.S. person means a person who is a lawful permanent resident as defined by 8 U.S.C. 1101(a)(20) or who is a protected individual as defined by 8 U.S.C. 1324b(a)(3). It also means any corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the United States. It also includes any governmental (federal, state or local) entity.”
Under ITAR (22 CFR 120.2): “United States Munitions List means the articles, services, and related technical data designated as defense articles and defense services pursuant to sections 38 and 47(7) of the Arms Export Control Act and listed in § 121.1 of this subchapter.”
This glossary is a general reference, not a substitute for analyzing the facts of a specific transaction.