ITAR Certification
A Common Misunderstanding

ITAR Certification is a phrase that is often seen on the internet.  In fact there is no certification available for the International Traffic in Arms Regulations (ITAR).  This is because there is no body or agency that can deem an organization ITAR certified. 

Export laws and regulations must be complied with in a continual and ongoing basis.  What is required for organizations that provide military products and services, or deal with the associated technical data, is an export compliance program.

Export Compliance Program

The Directorate of Defense Trade Controls (DDTC), which administers the ITAR, requires that organizations that provide defense articles or services that are specially designed for military applications, have active compliance programs.  These programs must be organized, documented, and include personnel to execute the required functions of the program.

Required personnel include at a minimum, an Export Compliance Officer, who acts as the single point of contact for the business, and an Empowered Official who is legally empowered to sign license applications and other requests.

Required Functions of an Effective Program

An effective program must include a documented commitment and policy to comply with all applicable export controls.  Necessary functions should be documented in a program manual that is updated as required.

Procedures should be available for conducting all functions of the program including item classifications, screening procedures, record keeping, and license applications.  Provisions should be present for internal monitoring and auditing of the program.

All export team members must be educated and trained on a regular basis to reinforce proper export practices and keep staff up to date on regulatory changes.  It is necessary for every employee to be aware that they share responsibility for the program and are required to report any potential violations.

Requirements for Export Administration Regulations (EAR)

The Bureau of Industry and Security (BIS) has similar requirements for organizations engaged in the export of dual use items controlled under the Export Administration Regulations (EAR).  The BIS has become more stringent in its prosecution of violations of these regulations in an effort to protect national security.  As with the DDTC, an organization’s failure to maintain a viable program weighs heavily when considering criminal and civil penalties.