Supplier ITAR Regulation & Certification

The International Traffic in Arms Regulations (ITAR) controls products, technologies and services designated as a defense article under the U.S. Munitions List, as well as inherently military technologies. Companies involved in the manufacture, sale or distribution of ITAR controlled goods or services must be “ITAR compliant”.

In accordance with the Model Based Enterprise (MBE) security procedure, this Supplier ITAR Certification is required before ITAR-controlled technical data packages can be accessed or viewed.

DEFINITIONS:

• Foreign National: All individuals in the United States or overseas who are not U.S. citizens or lawful permanent residents (i.e. U.S. “green card” holders).
• Technical Data: Information, other than software, which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance and/or modification of defense articles. For more information, see §120.10 of the International Traffic in Arms Regulations (ITAR), 22 CFR 120 – 130. (Click here and select ITAR Part 120)

CERTIFICATION:

1. The Supplier certifies that it has registered with the Directorate of Defense State Controls. (Click here to register)
2. The Supplier understands its responsibilities under U.S. export control laws and regulations, including ITAR, and certifies that it will not disseminate any ITAR-controlled Technical Data that would violate applicable export control laws and regulations.
3. The Supplier understands that ITAR restricts Foreign National access to ITAR-controlled technical data. The Supplier certifies that it will not allow access by any Foreign National to ITAR-controlled technical data packages without the prior written approval of the Prime Contractor. This includes Foreign National employees as well as Foreign Nationals outside the Supplier’s company.
4. The Supplier certifies that it will not assign any Foreign National to perform work which requires access to ITAR-controlled Technical Data without the prior written approval of the Prime Contractor.
5. The Supplier certifies that it will advise its employees who have access to ITAR-controlled Technical Data of their obligations regarding compliance with points 2 through 4 above, and that it will actively monitor and enforce compliance.
6. The Supplier certifies that it will establish operating procedures and physical security measures designed to protect ITAR-controlled technical data packages from inadvertent release or disclosure to Foreign Nationals or other unauthorized third parties.
7. If the Supplier provides documentation or information containing ITAR-controlled Technical Data to subcontractors, it will mark such documents, emails, etc. with the following statement: “This document contains technical data that is controlled by the International Traffic In Arms Regulations. Access to this document is restricted to U.S. citizens and lawful permanent residents (US “green card” holders).” By accepting this data, the consignee agrees to honor the requirements of the U.S. International Traffic in Arms Regulations (ITAR).”
8. The Supplier certifies that it will, within 30 days of the close of the RFQ or contract, return to the Prime Contractor or destroy all information and documents containing ITAR-controlled Technical Data, and all copies in its possession. If destroyed, the Supplier will provide a written certification to the Prime Contractor that such information and/or documents have been destroyed.

I certify on behalf of my company that the above statements are true and correct. I acknowledge that I am responsible for notifying the Prime Contractor and the MBE System Administrator of any changes in my company’s standing with the U.S. Government with regard to export compliance.