Mastering ITAR Exemptions - IIEI-308

Course Description: This advanced six-week online course explores all of the existing ITAR exemptions in detail, providing an understanding of each, their usage and applicability in meeting license requirements. This course explores each exemption in context of its usage requirements and associated concerns to real life situations. Upon completion of this course, students will know how to properly utilize license exemptions. This is an intense course that requires considerable effort. Expect ten plus hours per week workload.

Prerequisite: Understanding the ITAR (IIEI-306) and one year minimum relevant industry experience in a compliance environment. A letter from the employer attesting to the organizations need for this person to have this knowledge may substitute for part of the experience requirement.

Course Credit: 3 Credit Hours

Major Course Topics & Course Outcomes

As a result of the group and individual activities included in this course, the student will acquire the following knowledge and skills that can be applied to the workplace:

ITAR Exemptions Overview

• To know why State Department license exemptions exist
• To understand the range of purposes of license exemptions
• To know the limitations of a license exemption

ITAR Exemption Determination Process Overview

• To comprehend the various issues related to determining license exemptions

Temporary Import License Exemptions

• To determine whether a shipment qualifies as a temporary import as an overhaul, service or repair.
• To know if the enhancement or upgrade exemption applies
• To be able to determine if the temporary exemption applies to articles for exhibit, demonstration or marketing
• To know how to properly apply an exemption to imports under foreign military sales
• To assess if an exemption applies to imports incorporated into other articles

Exemption status of Foreign Trade Zones (FTZ) and US Customs Bonded Warehouses

• To know if a FTZ or Bonded warehouse meets the requirements for exemption

Exemption for Re-Exports to NATO, Australia, or Japan

• To be able to apply the rules for re-exports in determining this exemption

Movements of Vessels/Aircraft outside the U.S.

• To determine if an exemption applies to movement of vessels/aircraft outside the U.S.

Shipments Between U.S. Possessions

• To know if an exemption applies to a shipment between U.S. possessions
• To understand the concerns and issues related to shipments between U.S. possessions

Domestic Aircraft shipment exemption - shipping via a Foreign Country

• To know the concerns and issues related to applying this exemption

Exemption of general applicability unclassified defense articles

• To be able determine if general applicability rules apply
• To know the regulations related to specially designed packing cases
• To know how the exemption applies to export of models and mockups
• To understand how to apply exemption status to exports by accredited U.S. institutions of higher learning
• To be able to determine if the exemption to a U.S. subsidiary overseas applies

Export of firearms

• To be able to properly document the exemption for export of personal firearms
• To understand how to use the exemption for export of previously imported firearms
• To use the exemption status for export of firearms ammunition
• To know how to export firearms and ammunition for USG personnel
• To use the exemption for border shipments to Canada and Mexico

 Monetary Value of Shipments

• To know the impact of monetary value of shipments on determining exemptions

Exemption for training and military service

• To know how to apply the exemption rules for training and military service
• To be able to apply the exemption to military maintenance

Technical Data in Support of Agreements

• To know the regulations concerning license exemptions for the export of unclassified technical data
• To know the license exemption for the export of classified technical data

Exemption of general applicability for technical data

• To understand how to meet the requirements for an exemption for export to a trade show
• To understand how an exemption applies to various technical data provisions
• To properly apply the exemption to data for use only by U.S. persons

Exemption for plant visits

• To know how the exemption for plant visits applies to foreign nationals for both classified and unclassified materials

Certification requirements for an exemption

• To know the certification requirements for exemption

Exceptions

• To understand the exceptions to the exemption regulations

Canadian Exemption

• To know how to apply this exemption to various exports/imports to/from Canada

Transfer of Defense Articles

• To determine if an exemption applies to the export or transfer of defense articles or transfer of technical data by DoD
• To know how to apply exemption status to foreign military aircraft and naval vessels

Exclusion of functions from the Administrative Procedure Act

• To understand the exclusions of functions from the Administrative Procedure Act

Exemptions Matrix

• To be able to read the exemptions matrix

 

Course Materials:

Required course materials for this course are listed below. You can obtain the books through your favorite bookstore, Online from government printing office, or order them through the IIEI Store Online.

• International Traffic in Arms Regulations 22 CFR 120 - 130
• Exemptions under the ITAR Society for International Affairs, (Current edition) (Order only from: www.siaed.org)
• CFR 22: Foreign Relations, Part 1-299, ISBN 0160738741

Please note that textbooks are subject to change. Please contact your advisor before purchasing the textbook for your class to confirm.