Mastering ITAR Exemptions - IIEI-308

Course Description: This advanced six-week online course examines the U.S. Government’s International Traffic in Arms Regulations’ Exemptions. It provides an in-depth understanding of all the defined Exemptions, their legal usage and applicability in meeting U.S. State Department’s Directorate of Defense Trade Controls’ (DDTC) strict license requirements. This course examines each allowed Exemption in context of its limited usage, requirements and associated concerns as stipulated under the Code of Federal Regulations (22 CFR 12-130). Upon completion of this course, trade compliance professionals will know how to properly utilize DDTC’s allowed license Exemptions when submitting license applications for the export of controlled goods and services.

[Note This is a law-related course for experienced practicing international trade compliance professionals who need to know how to interpret the regulations when applying to DDTC for license of export of goods found on the DDTC’s U.S. Munitions List.]

Prerequisite: Understanding the ITAR course (IIEI-306). Students should possess a good understanding of the International Traffic in Arms regulations (22 CFR 120-130) prior to taking this course.

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  

  • Comprehend why State Department license exemptions exist
  • Evaluate the range of purposes of license exemptions
  • Discuss the limitations of a license exemption

ITAR Exemption Determination Process - Overview  

  • Discuss various issues related to determining license exemptions  

123.4  Temporary Import License Exemptions  

  • Determine whether a shipment qualifies as a temporary import as an overhaul, service or repair.
  • Discuss if the enhancement or upgrade exemption applies
  • Classify if the temporary exemption applies to articles for exhibit, demonstration or marketing
  • Apply an exemption to imports under Foreign Military Sales
  • Assess if an exemption applies to imports incorporated into other articles

123.6  Exemptions status Foreign Trade Zones (FTZ) and US Customs Bonded Warehouses  

  • Identify if an FTZ or bonded warehouse meets the requirements for exemption

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

  • Explain the rules for re-exports in determining use of this exemption

123.11  Movements of Vessels/Aircraft Outside the U.S.  

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

123.12  Shipments Between U.S. Possessions  

  • Distinguish if an exemption applies to a shipment between U.S. possessions
  • Assess the concerns and issues related to shipment between U.S. possessions

123.13  Domestic Aircraft Shipment Exemption - Shipping via a Foreign Country  

  • Identify the concerns and issues related to applying this exemption

123.16   Exemptions of General Applicability - Unclassified Defense Articles  

  • Assess if general applicability rules apply
  • Explain the regulations related to specially designed packing cases
  • Articulate how the exemption applies to export of models and mockups
  • Evaluate the exemption status for exports by accredited U.S. institutions of higher learning
  • Determine if the exemption to a U.S. subsidiary overseas applies

123.17 - 123.19  Export of Firearms  

  • Discuss the exemption for export of personal firearms
  • Assess how to use the exemption for export of previously imported firearms
  • Review the exemption status for export of firearms ammunition
  • Employ the exemption for export firearms and ammunition for USG personnel
  • Apply the exemption for border shipments to Canada and Mexico

123.23  Monetary Value of Shipments  

  • Assess the impact of monetary value of shipments on determining exemptions

124.2  Exemptions for Training and Military Service  

  • Apply the exemption rules for training and military service
  • Employ the exemption to military maintenance

124.3    Technical Data in Support of Agreements  

  • Interpret the regulations concerning license exemptions for the export of unclassified technical data
  • Utilize this license exemption for the export of classified technical data

125.4    Exemptions of General Applicability for Technical Data  

  • Determine the requirements for an exemption for export to a trade show
  • Assess how exemptions apply to various technical data provisions
  • Apply the exemption to data for use only by U.S. persons

125.5  Exemptions for Plant Visits  

  • Distinguish how the exemption for plant visits apply to foreign nationals for both classified and unclassified materials

Various Exemption Material Parts 123.23, and 123.25  

  • Determine impact of Monetary Value of Shipment on exemptions
  • Discuss amendments to exemptions

123.3  Temporary Import Exemptions    

  • Determine if 123.3 applies to the temporary imports under the ITAR

125.6  Certification Requirements for Exemptions  

  • Recognize the certification requirements for exemptions

126.3  Exceptions  

  • Describe the exceptions to the exemption regulations

124.2  Exemptions for Training and Military Service  

  • Asses if 124.2 applies to export for training and military service

126.4  Temporary Exports for USG Agencies  

  • Apply 126.4 exemption correctly

126.5  Canadian Exemptions  

  • Administer the various exemptions available for exports to Canada

126.6    Transfer of Defense Articles  

  • Determine if exemptions apply to the export of transfer of defense articles or technical data by the Department of Defense (DOD)
  • Evaluate exemption status to foreign military aircraft and naval vessels 

128.1  Exclusion of Functions from the Administrative Procedure Act  

  • Enumerate the exclusions of functions from the Administrative Procedure Act 

127 Penalties  

  • Recognize the penalties and consequences for violations 

Exemptions Matrix

  • Demonstrate how 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.

 

Copyright The International Import-Export Institute, Inc. All certification marks and logos including Certified U.S. Export Compliance Officer, CUSECO logo and GlobalWatch are registered trade marks of the International Import-Export Institute. All rights reserved. Please review our privacy policy and Internet guidelines.