ITAR Licenses

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ITAR Licenses

Types of Licenses

Export and/or Temporary Import licenses are issued by the U.S. Department of State for the export or temporary import of “defense articles”. Common ITAR license types include:

  • DSP-5 - Permanent Export License (Unclassified)
    • A permanent export is four years or over, or anytime there is a transfer of title. e.g., The launch of an ITAR controlled satellite or satellite component on a foreign launch vehicle is a “Permanent Export
  • DSP-73 - Temporary Export License (Unclassified)
    • Temporary Export : Under the ITAR a temporary export is less than four (4) years with no transfer of title. e.g., The transfer of control of an ITAR controlled satellite to a “foreign person”  during two years is a Temporary export (since there is no transfer of title).
  • DSP-61 - Temporary Import License (Unclassified)
    • Temporary import is up to four years

When required, NASA licenses are obtained per the internal Export Control Program (ECP).

Some examples of temporary and permanent exports include:

  • The launch of an ITAR controlled satellite or satellite component on a foreign launch vehicle is a “Permanent Export”
  • The transfer of control of an ITAR controlled satellite to a “foreign person” is an export and can be either Permanent or Temporary
  • The launching of ITAR controlled items on a U.S. launch vehicle and then transferring them to the Russian MIR is an export and can be either Permanent or Temporary.

License Exemptions

The ITAR contains numerous exemptions to licensing requirements. U.S. government agencies enjoy several unique exemptions not available to others. Some ITAR licensing exemptions are applied to NASA as a U.S. government agency. Academic institutions can be subject to exemptions under certain circumstances. These will be covered in greater detail in the next lesson.

ITAR proscribed countries

If a country appears on this list, it is (generally) U.S. policy to deny licenses, or other approvals, associated with exports and imports of defense articles and defense services, destined for or originating in that country. License exemptions do not apply in all circumstances and never when dealing with “foreign persons” of proscribed countries (22 CFR 126.1).

AFGHANISTAN BELARUS
CENTRAL AFRICAN REPUBLIC CUBA
CYPRUS ERITREA
FIJI IRAN
IRAQ COTE D'IVOIRE
LEBANON LYBIA
NORTH KOREA SYRIA
VIETNAM MYANMAR
CHINA HAITI
LIBERIA RWANDA
SOMALIA SRI LANKA
REPUBLIC OF THE SUDAN YEMEN
ZIMBABWE VENEZUELA
DEMOCRATIC REPUBLIC OF THE CONGO  

Table 1: List of ITAR proscribed countries