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Defense Articles and Services and Dual-use Items
* “Dual-use” items are items that may have both commercial and military applications
o Not primarily for weapons or military related use
* “Defense articles” and “defense services” are items specifically designed, developed, configured, modified or adapted for a military application
* U.S. Department of Commerce
o Export Administration Regulations (EAR)
o “Dual-use” items controlled under the EAR are described on the Commerce Control List (CCL)
* U.S. Department of State
o International Traffic in Arms Regulations (ITAR)
o “Defense articles” and “defense services” controlled under the ITAR are described on the United States Munitions List (USML)
The Control Lists
* The items on the CCL and the USML are largely determined by the multilateral export control regimes:
o Australia Group (AG)
+ Chemical and biological weapons
o Missile Technology Control Regime (MTCR)
+ Unmanned delivery systems capable of delivering weapons of mass destruction
o Nuclear Suppliers Group (NSG)
+ Nuclear weapons
o Wassenaar Arrangement (WA)
+ Conventional arms and dual-use goods and technologies
Establishing Licensing Jurisdiction: Why is This Important?
* Establishing licensing jurisdiction is the first step in determining the licensing requirements associated with your item
* Jurisdictional uncertainty occurs frequently in the aerospace industry, primarily due to the military heritage of aircraft
* The Department of Commerce (EAR) and the Department of State (ITAR) have differing licensing requirements
* The exporter is responsible for obtaining licenses, when required, from the appropriate agency
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Category : AerospaceTags: aerospace industry, chemical and biological weapons, missile technology control