International Traffic-in-Arms Regulations (ITAR)

DARPA, AFRL, ARL, ONR are just a few examples of agencies that issue awards with ITAR restrictions.

The export of “defense articles” or performance of “defense services” that are inherently military in character, or specially designed, modified or engineered for military applications are regulated by the International Traffic in-Arms Regulations (ITAR) and enumerated in the U.S. Munitions List (USML) and require licensing.

Never rely on the sponsor to determine if foreign students or researchers are permitted to access to defense articles or technical data.

ITAR Researcher Responsibilities

Primary ITAR Concerns in Research

ITAR Employment Exemptions

Contractual clauses restricting publication or access by foreign participants destroy the Fundamental Research Exclusion.

Contractual clauses restricting publication or access by foreign participants destroy the Fundamental Research Exclusion.

Bona-Fide Employee Exemption allows university employees to participate in ITAR research if:

ITAR Proscribed Countries

PIís should determine if their technology is a defense article listed in the ITAR USML

Proscribed countries and foreign nationals from those countries are legally prohibited from receiving ITAR U.S. Munitions List (USML) articles, services, or technical data, nor will the US Government issue a license. Imports may also require a license from Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).

ITAR U.S. Munitions List (USML)

Category Description
I Firearms, Close Assault Weapons and Combat Shotguns
II Guns and Armament
III Ammunition / Ordinance
IV Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs and Mines
V Explosives and Energetic Materials, Propellants, Incendiary Agents and Their Constituents
VI Vessels of War and Special Naval Equipment
VII Tanks and Military Vehicles
VIII Aircraft and Associated Equipment
IX Military Training Equipment and Training
X Protective Personnel Equipment and Shelters
XI Military Electronics
XII Fire Control, Range Finder, Optical and Guidance and Control Equipment
XIII Auxiliary Military Equipment
XIV Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment
XV Spacecraft Systems and Associated Equipment
XVI Nuclear Weapons, Design and Testing Related Items
XVII Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated
XVIII Direct Energy Weapons
XIX Reserved
XX Submersible Vessels, Oceanographic and Associated Equipment
XXI Miscellaneous Items

ITAR Decision Tree

The ITAR Decision Tool provides simplified guidance to determine whether research is subject to the ITAR, and requires research security measures.

ITAR Related Government Policies

Department of State

Department of Defense

Department of Health & Human Services

Department of Justice