International Trade Lawyer in Denver, CO

Yes. ITAR applies to “US persons” seeking to export to “foreign persons.” A US person can be an entity, but it can also be a US citizen, permanent resident, or political asylee. A foreign person can be any individual who is not a US citizen or lawful permanent resident, wherever located.

Restricted dual-use items include goods, technology, software, and documentation that could be used for either civilian or military purposes. Because of their possible military use, the export of such items is typically restricted in various ways. It is critical that you comply with the rules because violating them could result in not only hefty civil fines but even criminal liability in some cases.

The Bureau of Industry and Security (BIS) issues the Entity List, which is a part of the US Export Administration Regulations (EAR). The Entity List is a list of names of foreign individuals, organizations, and governments that US persons are prohibited from trading with or that they must obtain a special license for exports, reexports, and domestic transfers of exported goods. Specific licensing requirements may vary among the individuals and organizations on the Entity List.

You do not need to apply at all as long as the technology qualifies for treatment under EAR99 of the Export Administration Regulations or if an exception applies. Otherwise, you must apply for an export license as soon as you intend to transfer technology to a foreign national located in the US, if transfer to the foreign national’s home country would need an export license.