We are no longer handling ITAR cases. We recommend reaching out to Oberheiden P.C.:
https://federal-lawyer.com/import-export-law/
We Provide ITAR Compliance and Defense Consulting Services to Contractors, Brokers, and Other Companies in the U.S. and Abroad
The International Traffic in Arms Regulations (ITAR) are a set of federal rules that govern the manufacture, export, and import of weapons and other defense articles. The ITAR also apply to entities that furnish defense services to government entities, as well as brokers and various other companies. For companies that are subject to ITAR, compliance needs to be a priority. Non-compliance with ITAR can have serious ramifications, and companies and individuals accused of violating ITAR must be prepared to defend themselves by all means available.
Our ITAR consultants provide services to contractors, brokers, and other companies in the U.S. and abroad. This includes consulting services for both ITAR compliance and ITAR defense. Whether your company needs to implement a comprehensive ITAR compliance program and register with the U.S. Directorate of Defense Trade Control (DDTC) or you need to defend against allegations that your company (or you personally) violated ITAR, our former federal agents can help you make the right decisions to avoid unnecessary risks and liability.
Is Your Company Subject to ITAR?
One of the first challenges many companies face is determining whether they are subject to ITAR. Broadly speaking, ITAR applies to companies that manufacture, sell, or export “defense articles, defense services, or related technical data.” These currently fall into 21 broad categories defined by the U.S. Munitions List (USML):
- Firearms, Close Assault Weapons and Combat Shotguns
- Guns and Armament
- Ammunition/Ordnance
- Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines
- Explosives and Energetic Materials, Propellants, Incendiary Agents, and Their Constituents
- Surface Vessels of War and Special Naval Equipment
- Ground Vehicles
- Aircraft and Related Articles
- Military Training Equipment and Training
- Personal Protective Equipment
- Military Electronics
- Fire Control, Laser, Imaging, and Guidance Equipment
- Materials and Miscellaneous Articles
- Toxicological Agents, Including Chemical Agents, Biological Agents and Associated Equipment
- Spacecraft and Related Articles
- Nuclear Weapons Related Articles
- Classified Articles, Technical Data, and Defense Services Not Otherwise Enumerated
- Directed Energy Weapons
- Gas Turbine Engines and Associated Equipment
- Submersible Vessels and Related Articles
- Articles, Technical Data, and Defense Services Not Otherwise Enumerated
Importantly, the list of defense articles, services, and data that are subject to ITAR is not static. As defense technologies and tactics evolve, the U.S. government adds to the list of regulated assets. As a result, a company that is ITAR-compliant today might not be ITAR-compliant tomorrow, and this underscores the importance of giving due consideration to compliance on an ongoing basis.
Put our highly experienced team on your side
Roger Bach
Former Special Agent (OIG)
Timothy E. Allen
Former Senior Special Agent U.S. Secret Service
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Maura Kelley
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Marquis D. Pickett
Special Agent U.S. Secret Service (ret.)
Our ITAR Consulting Services
Companies that are subject to ITAR have several obligations. From manufacturing to importing, exporting, and re-exporting, companies must meet these obligations in all aspects of their operations to mitigate their risk of facing scrutiny from the DDTC and the U.S. Department of Justice (DOJ). Crucially, not only must companies meet these obligations, but they must be prepared to prove that they have met them when called upon to do so by the federal government.
ITAR Compliance Consulting
We assist manufacturers, contractors, importers, exporters, brokers, and other entities with all aspects of ITAR compliance. Once we confirm that a client is subject to ITAR, we work closely with the client to fully address all pertinent requirements. Because of the breadth of ITAR, not all regulations apply to all regulated companies. We make sure our clients address the right concerns in the right way.
Some examples of areas of ITAR compliance with which we assist companies in the U.S. and abroad include:
- Importing defense articles, defense services, and technical data in compliance with ITAR
- Exporting defense articles, defense services, and technical data listed on the USML to foreign entities
- Implementing adequate controls to prevent re-exporting of defense articles, defense services, and technical data to blocked foreign entities
- Implementing other internal controls as necessary to comply with ITAR (i.e., restricting employee access to technical data subject to ITAR)
- Registering with the U.S. Directorate of Defense Trade Control (DDTC)
- Generating and storing records as required to maintain DDTC registration
- Applying for exemptions from the U.S. Department of State as warranted by business needs and objectives
- Importing and exporting defense articles, defense services, and technical data under the United States’ standing agreements with Australia, Canada, the United Kingdom, and other nations
- Securing technical data before, during, and after importing and exporting
- Implementing compliance programs and conducting risk assessments as required by ITAR
Again, these are just examples. There are numerous aspects to ITAR compliance, and defense contractors and others that are subject to ITAR must ensure that they comprehensively address all pertinent requirements. With centuries of combined relevant experience, our former federal agents have the knowledge and insights companies need to effectively meet their ITAR compliance obligations.
ITAR Defense Consulting
In addition to assisting companies with ITAR compliance, we also work with companies facing investigation and prosecution for ITAR violations. Depending on the specific allegations involved, these cases can present risks for civil or criminal penalties. Fines can easily climb into the millions—if not tens or hundreds of millions—of dollars, and individuals accused of criminal misconduct can face up to 10 years in prison for each individual offense.
Given these risks, executing a comprehensive and strategic defense is imperative. When consulting with companies on ITAR defense, we work closely with our clients to critically examine the government’s allegations and identify all available defenses. We then communicate with the federal government and our clients’ defense counsel to resolve issues and steer the government’s inquiry toward an outcome that is as favorable as possible. Whether this means avoiding liability entirely, entering into a settlement agreement that allows our client to remain in business, or targeting another resolution that avoids trial is entirely dependent upon the circumstances involved.
Along with ITAR, companies and individuals targeted for unlawfully manufacturing, importing, exporting, or re-exporting regulated defense articles, defense services, or technical data can also face prosecution under federal laws including:
- Anti-Terrorism Clarification Act (ATCA)
- Foreign Corrupt Practices Act (FCPA)
- International Narcotics Trafficking Emergency Response by Detecting Incoming Contraband with Technology Act (INTERDICT Act)
Our former federal agents are well-versed in the intricacies of these laws, their applicability within the defense context, and how federal agencies like the DDTC and DOJ use them to target violators. As with all of our consulting services, we take a comprehensive and custom-tailored approach to ITAR defense that is designed to strategically mitigate our clients’ risk while also protecting our clients’ business interests going forward.
FAQs: ITAR Compliance and Defense
How Do I Know if My Company is Subject to ITAR?
While it is fairly obvious that some companies (i.e., weapons manufacturers and arms brokers) are subject to ITAR, it isn’t always easy to tell whether a company produces or offers “defense articles, defense services, or related technical data” that trigger ITAR compliance. With that said, companies cannot ignore the possibility that they are subject to ITAR, as non-compliance can lead to civil or criminal prosecution. At Corporate Investigation Consulting, we rely on our former federal agents’ centuries of combined relevant experience to assess our clients’ ITAR-related obligations.
What are the Requirements for an ITAR Compliance Program?
While the U.S. Department of State recommends that all ITAR-regulated companies adopt comprehensive compliance programs, it does not provide specific guidance regarding the contents of these programs. Instead, the Department of State leaves it to companies to assess their own compliance obligations and address them appropriately. Broadly speaking, an effective ITAR compliance program will address all pertinent obligations, and it will include provisions for training, implementation, and ongoing monitoring and enforcement.
How Do I Apply for Registration with the U.S. Directorate of Defense Trade Control (DDTC)?
Applying for registration with the U.S. Directorate of Defense Trade Control (DDTC) is a multi-step process; and, once a company applies for registration, it must meet various requirements while its application is pending. Due to the risks involved and the delays that can result from submitting a deficient application or otherwise failing to meet the DDTC registration requirements, we strongly recommend that companies work with our team of consultants from the initial stages of the application process.
What Should Companies Due When Facing Scrutiny for Possible ITAR Violations?
When facing scrutiny for possible ITAR violations, companies need to promptly assemble a team of highly-experienced defense consultants and lawyers to advise them and communicate with the federal government on their behalf. While it will be possible to avoid sanctions in many cases, uninformed mistakes and delays can have significant and irreversible consequences.
Do I Need to Engage a Consulting Firm for ITAR Compliance or ITAR Defense?
Given the challenges and risks associated with all aspects of conducting business activities subject to ITAR, we recommend that companies engage a consulting firm for ITAR compliance and ITAR defense. At Corporate Investigation Consulting, we work with defense contractors, brokers, and other entities across the U.S. and around the globe, and we are more than happy to speak with you about your company’s needs.
Talk to a Former Federal Agent about ITAR Compliance or Defense in Confidence
If you would like to know more about our ITAR compliance or defense services, we invite you to schedule a complimentary consultation. To speak with a senior ITAR consultant and former federal agent in confidence, please call 866-352-9324 or request an appointment online today.