ITAR for Manufacturers: Violations and the Importance of Documentation

ITAR Registered SealEVS Metal has two International Traffic in Arms Regulations (ITAR)-registered metal fabrication and manufacturing facilities: Pflugerville (Austin), Texas; and Keene, New Hampshire.  ITAR registration is required by the U.S. State Department’s Directorate of Defense Trade Controls (DDTC) for all of its contracted manufacturers, exporters and brokers. Therefore, we thought it was time we covered some of the regulations concerning this important distinction. This week we are posting the third in our series about ITAR, and taking a closer look at ITAR violations.


What constitutes an ITAR violation?

Any person who is granted a license or other approval or acts pursuant to an exemption under this subchapter is responsible for the acts of employees, agents, brokers, and all authorized persons to whom possession of the defense article, which includes technical data, has been entrusted regarding the operation, use, possession, transportation, and handling of such defense article. [eCFR: Title 22Chapter ISubchapter M → Part 127]

There are a number of ways in which a company can violate ITAR regulations, but what the above section of the Electronic Code of Federal Regulations (eCFR) boils down to is that those who wish to be listed on the United States Munitions List (USML) have to keep incredibly close track of their suppliers, and their suppliers’ suppliers, and so on and so forth. This means anyone who touches the product in any way — even if it’s just the sharing of relevant data or technical information.

The reason for this is because not only does the company supplying the finished product need to be ITAR registered and follow the related best practices, so does every other company that had a hand in that item’s manufacture. For example, if EVS Metal ships a finished USML-listed product to a customer, if any of our partners had a hand in its creation — whether it was our steel supplier or a company who handled a specialized finishing process — each must be ITAR registered as well.


ITAR and Documentation

Another area in which ITAR regulations are very strictly enforced is the way in which inport/export documentation is handled, and the list of documents that must be in compliance is long. The eCFR calls this a “willful misrepresentation and omission of facts” as it applies to documentation. The list of documents that fall under this category is rather long, and include, but are not limited to: Applications for permanent export, reexport, retransfer; electronic export information filings; invoices; declarations of destination; delivery verifications; applications for temporary export; applications for registration; purchase orders; foreign import certificates; and bills-of-lading.

Considering the size of this list (plus others not mentioned above), it becomes rather easy to see why maintaining compliance with ITAR regulations can be complicated, especially when multiple vendors become involved with the final of a product. At EVS Metal, we work extensively with our partners to ensure the careful and detailed documentation of every USML-listed product we produce.


About EVS Metal

EVS Metal is an American precision metal fabricator headquartered in Riverdale, NJ. Our machinists and operators utilize the latest technology to cut, bend and finish stand-alone items as well as parts for integration or assembly into more complex products. EVS Metal’s four ISO 9001:2015-certified locations comprise over 250,000 square feet of vertically-integrated manufacturing space and feature the most modern equipment available, from lasers and CNC machining centers to automated powder coating lines.

We serve a diverse customer base across North America, providing a range of services from ITAR-compliant, quick-turn prototypes to high-volume production runs. Request a personalized metal fabrication quote online or call (973) 839-4432 to speak with a specialist today.

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