If you’re a manufacturer or exporter of defense-related items, you’re already familiar with compliance requirements with the International Traffic in Arms Regulations (ITAR). Even so, it can often be overwhelming to keep up with the updates to rules and regulations that are required to comply with, so we’ve compiled a detailed ITAR compliance checklist below to help you stay informed.
What Exactly is ITAR Compliance?
The International Traffic in Arms Regulations (ITAR) is a set of United States government regulations that control the import and export of defense-related articles, services, and technology. To comply with ITAR, US companies must obtain authorization from the Department of State before exporting or importing any goods or services listed on the United States Munitions List (USML).
Failure to comply can lead to significant fines and penalties, including civil and criminal liability for individuals involved with the export or import operations. With this in mind, here is a comprehensive ITAR compliance checklist to help you ensure your business meets all necessary requirements.
1. Review Your Company’s Export Management System:
You should review your export management system regularly to make sure it’s up-to-date and in compliance with ITAR regulations.
• Establish a written framework for controlling exports to ensure compliance with ITAR regulations.
• Develop an employee training program to ensure staff understand the ITAR requirements and procedures in place.
• Appoint a person or team responsible for maintaining ITAR compliance.
• Ensure any changes to the export management system are documented and communicated to all relevant personnel.
2. Identify ITAR-Controlled Products:
It’s essential to identify any products that are subject to ITAR regulations so that you can ensure that they’re properly labeled and tracked
• Establish a list of items that require ITAR licensing including technical data, software, or hardware related to defense articles.
• Review any existing export authorizations to ensure accuracy and compliance.
• Ensure all products, materials, and services comply with US government regulations.
3. Establish Record-Keeping Procedures:
Proper record-keeping is essential to ITAR compliance; without it, you won’t be able to track the export and import of your ITAR-controlled products.
• Develop a system for recording any ITAR-controlled items that have been exported or imported. Ensure the record retention storage maintains records for no less than a period of 5 years beyond the expiration of the service/product export license.
• Maintain records of all ITAR-related documents including licenses, agreements, and invoices.
• Create and maintain data logs that are up-to-date and accurately reflect the company’s current status regarding exports/imports of ITAR-controlled items.This may include granular items such as meeting minutes covering the export-controlled goods or services you furnish.
4. Understand Your Responsibilities as an Exporter:
As an exporter, you’re entrusted with the responsibility of ensuring your company and its partners comply with all applicable regulations.
• Familiarize yourself with the export regulations outlined in the International Traffic in Arms Regulations (ITAR).
• Understand the requirements for obtaining export licenses and ensure any applicable licenses are always current.
• Comply with all additional laws, regulations, or policies imposed by foreign countries to which items will be exported. Article – Getting and Staying Compliant (state.gov)
• Ensure that any personnel who have access to ITAR-controlled materials are authorized to do so under US law.
5. Create an Auditing Process:
It’s important to create an auditing process that will help you identify any potential compliance issues and take corrective action if necessary.
• Regularly audit your company’s exports and imports of ITAR-controlled items to ensure compliance with regulations.
• Create a system for investigating discrepancies in records or reports and promptly take corrective action when necessary.
• Record the results of all audits and use them as part of your ongoing internal review processes.
Partner With Brightline IT to Take the Confusion Out of Compliance
By following the steps outlined in this ITAR compliance checklist, your company can ensure it is meeting necessary regulations. It’s also important to remain vigilant and up-to-date on any changes to these regulations. Regardless, referring to this comprehensive ITAR checklist will help you take an organized approach to ITAR compliance.
If you’re looking for a reliable partner to help you stay compliant, Brightline IT can provide the expertise and resources that ensure your company meets all of its ITAR obligations. Our team of highly trained experts understands the complexities associated with ITAR compliance and can offer guidance in developing an effective compliance strategy.
Contact us today to learn more about how we can help you stay compliant!
