International Traffic in Arms Regulations

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The International Traffic in Arms Regulations (ITAR; German : Regulations of the international arms trade ) is a US-American set of regulations that is intended to control the trade in arms, armaments and defense goods. The US claims global jurisdiction with regard to ITAR.

Content

ITAR requires state control for all goods listed on the extensive United States Munitions List (USML). The USML includes all primarily military goods, but also electronic components that are not intended to be used directly for military purposes. According to the US, military goods also include space-related goods, so that the cooperation between ESA and NASA in the Dawn , MSL09 and ExoMars missions is also affected by the ITAR. In contrast to the principles laid down in the US Export Administration Regulations (EAR) for assessing a license requirement for dual-use goods , for which a license requirement can be waived under certain conditions (de minimis rule), all are subject to the United States Ammunition List (USML) according to ITAR basically the export control . The sale and (re-) export of goods (including related services) that are listed in the USML must be approved in advance by the relevant authority, the Directorate of Defense Trade Controls (DDTC). This control and approval procedure is intended to help

  • to satisfy the legitimate interests of friendly states,
  • To prevent aggression,
  • to promote regional stability and
  • promote the peaceful resolution of conflicts.

criticism

  • The ITAR also applies to assembled objects that use components that are subject to ITAR. Even if assembly and export only take place in third countries, from a legal point of view, approval must be obtained from the responsible US authority for every cross-country (re-) export or sale process. In addition, the export laws of third countries apply, so that a considerable amount of bureaucratic effort arises.
  • In approval procedures, the US authorities have the right to inspect the complete construction plan of objects in which components subject to ITAR are installed, regardless of the size or complexity of the object. In principle, the scope of the data to be transmitted is unlimited. Critics see this as one of the most serious problems, as the US authorities do not have to provide proof of use and industrial espionage is possible.

literature

  • George Robinson: The US American Regulations on the International Arms Trade (ITAR) and its Impact on Space Science, Research and Commercialization In: Zeitschrift für Luft- und Weltraumrecht 58 (3), 2009, ISSN  0340-8329 , pp. 423-428

Individual evidence

  1. ^ A b Achim Albrecht: ITAR: The procedure at a glance . In: US export regulations . tape 15 (12) , 2009, ISSN  1611-4000 , p. 194-198 .
  2. ↑ Alexander Groba, Harald Hohmann: Practice of US (re-) export control . Ed .: Jürgen Böer. 3. Edition. Bundesanzeiger Verlag, Cologne 2015, ISBN 978-3-8462-0300-2 , pp. 35 .