International Students: Itar Compliance And You

International Traffic in Arms Regulations (ITAR) are a set of US regulations that control the export of defense articles and services that are designed for military applications. ITAR effectively limits the participation of foreign students in certain areas of research and development, particularly in defense and space science and technology. University administrators and industrial leaders have argued for a relaxation of these restrictions, as they prevent the best international students from studying and contributing in the US. However, ITAR also presents a challenge for universities to accommodate, especially with the presence of foreign students and open class enrollments.

International students in heavily ITAR-regulated fields like aerospace engineering often face barriers to funding and employment

International students in aerospace engineering may encounter challenges due to ITAR regulations. Firstly, they may face barriers to funding opportunities, as some sources of funding may be restricted to US citizens only. This can limit the financial support available to international students pursuing degrees in this field. Additionally, international students may have difficulty finding employment within the aerospace industry due to ITAR restrictions. Employers often view hiring foreign nationals as a cumbersome process because of the stringent licensing and paperwork requirements involved.

The regulations classify products and projects that are militarily sensitive, and providing technical information about an ITAR project to a foreign national is considered an "export event". This means that companies must navigate complex procedures and lengthy processing times to obtain the necessary licenses for foreign nationals to work on ITAR projects. Consequently, some companies may be hesitant to hire international students or may require them to obtain US citizenship or a green card to be exempt from ITAR restrictions.

However, there are a few strategies that international students can consider to navigate these barriers. One approach is to focus on research during their studies and aim for a PhD. Obtaining a PhD and gaining research experience can enhance their eligibility for a green card, which would exempt them from ITAR restrictions. Alternatively, international students may explore aerospace-adjacent fields, such as mechanical engineering or industrial engineering, which may offer more opportunities and less regulatory hurdles. Transferring to a mechanical engineering program, for instance, can provide a broader range of job prospects and increase the likelihood of finding employment.

It is important to note that the interpretation and application of ITAR regulations can vary across institutions. While some universities strictly adhere to ITAR regulations, others may categorically avoid ITAR work, allowing students unrestricted access to all projects. Therefore, international students should carefully consider their options and seek guidance from their institutions to make informed decisions regarding their studies and career paths in heavily ITAR-regulated fields.

ITAR limits foreign student participation in civilian commercial projects and R&D in some areas of space science and technology

The International Traffic in Arms Regulations (ITAR) effectively limit foreign student participation in civilian commercial projects and research and development (R&D) in some areas of space science and technology. ITAR was enacted in 1976 during the Cold War with the USSR and was intended to implement unilateral arms export controls. It is essential for space engineering students and specialists to understand and comply with ITAR restrictions. Many research and development programs in space exploration, space technology, space applications, and rocketry are controlled by special government export control regulations, including ITAR.

ITAR licensing is required when students or researchers from other countries participate in research. Obtaining ITAR approval places an added burden on researchers and creates uncertainty as to when and if approval will be forthcoming. This has resulted in foreign researchers viewing cooperative research with the United States as less desirable. The current export control laws also raise diplomatic and military concerns.

ITAR also operates to prohibit the "retransfer" (also called "re-export") of items on the US Munitions List (USML) by foreign persons unless the retransfer is specifically authorized under the relevant export authorization. The export of "defense articles" or performance of "defense services" that are inherently military in character or are specially designed, modified, or engineered for military applications are regulated by ITAR and require licensing. Defense research may be subject to ITAR restrictions, and foreign nationals should not be allowed access to such research projects.

ITAR restrictions have been criticized by industrial leaders and university administrators, who argue for their relaxation and for facilitating the path for graduating foreign nationals to obtain permanent residency status and stay in the United States. They argue that it does not make economic sense to educate foreign students only to send them back to their home countries, which may be openly hostile to the values of the United States. Additionally, smaller companies feel that ITAR restrictions limit their ability to respond to proposal requests and sell products in foreign markets, with some even leaving the space industry due to a refusal to deal with ITAR licensing issues.

ITAR prohibits the retransfer of items on the USML by foreign persons without specific authorization

The International Traffic in Arms Regulations (ITAR) and the Arms Export Control Act (AECA) were enacted in 1976 during the Cold War with the USSR. ITAR prohibits the retransfer of items on the US Munitions List (USML) by foreign persons without specific authorization. This is because the export of "defense articles" or "defense services" that are inherently military in character or are specifically designed, modified, or engineered for military applications are regulated by ITAR and require licensing.

ITAR treats access to USML items by "dual-national" and "third country national" employees of a foreign organization as a retransfer to the employees' other countries of nationality. As a result, access to USML items by such employees must be specifically authorized under the relevant export authorization. If access to USML items by dual and third country national employees of a foreign organization is authorized, it only authorizes transfer to the employee. It does not authorize export to the employee's country of dual or third nationality.

The prohibition on retransfer stems from the requirement for all export authorizations to include the statement that the technical data or defense service exported from the United States and any defense article which may be produced or manufactured from such technical data or defense service may not be transferred to a person in a third country or to a national of a third country except as specifically authorized in this agreement unless the prior written approval of the Department of State has been obtained. This means that if, for example, a foreign person wants to retransfer a USML item to another foreign person (such as a subcontractor), both foreign persons must be authorized under the relevant export authorization.

There are certain exemptions to the requirement for authorization. The ITAR at 22 C.F.R. § 123.17(f) generally provides an exemption permitting U.S. persons to temporarily export from the United States certain articles of personal protective gear, such as helmets covered by USML Category X(a)(6) and chemical agent protective gear covered by USML Category XIV(f)(4), without first obtaining a license or other approval from DDTC. Additionally, ITAR does not apply to information related to general scientific, mathematical, or engineering principles that are commonly taught in schools and colleges or information that is in the public domain.

ITAR affects international students in the United States, particularly those in heavily regulated fields such as aerospace engineering. International students in these fields may face challenges in finding funding or employment due to their citizenship status.

ITAR affects the research universities can conduct, with some arguing against classified work and others supporting it to maintain excellence

The International Traffic in Arms Regulations (ITAR) have a significant impact on the research that universities can conduct, with some institutions taking a stricter approach than others. ITAR regulations apply to the export of "defence articles" or the performance of "defence services" that are inherently military in nature or specifically designed, modified, or engineered for military applications. This includes controls on providing a "defence service", which involves giving advice, training, or releasing technical data to foreign nationals regarding military or defence objectives.

The impact of ITAR on universities is complex and often depends on the specific interpretation and understanding of export control regulations by individual institutions. For example, the University of Michigan obtained approval from the Department of State to allow a student group with both US and non-US citizens to work on an ITAR-controlled satellite, considering it fundamental research. In contrast, Stanford's Export Control Officer maintains that all satellite systems are controlled defence articles under ITAR, limiting the activities of laboratories and project-based groups on campus. This discrepancy in approaches highlights the challenges universities face in navigating ITAR compliance.

Some universities argue that ITAR hinders their ability to attract top international students and collaborate on international scientific projects. For instance, international students in fields like aerospace engineering face challenges in gaining practical experience due to licensing requirements and limited access to internships at US companies. Additionally, universities need to implement compliance programs tailored to their risk profiles, considering factors such as the involvement of foreign persons and the transfer of technology. This includes screening foreign students, scholars, and faculty to ensure compliance with export control regulations.

On the other hand, universities supporting ITAR compliance argue that it is necessary to maintain excellence and protect national security interests. By implementing strong compliance programs, universities can focus on high-risk departments, such as engineering and physics, and ensure that research is conducted within legal boundaries. ITAR also provides a framework for universities to assess the involvement of foreign persons and prevent unauthorised access to sensitive information. For instance, BIS's Office of Export Enforcement (OEE) strategically prioritises academic research institutions with elevated risk profiles, helping them prevent unauthorised exports of technology.

Overall, while ITAR does impact the research universities can conduct, the specific effects vary depending on the institution's interpretation and compliance programs. The balance between maintaining research excellence and complying with export control regulations remains a ongoing discussion in the academic community.

ITAR was enacted in 1976 to implement unilateral arms export controls and prevent the proliferation of arms

The International Traffic in Arms Regulations (ITAR) is a set of US government regulations that control the import and export of defence products. The ITAR was enacted in 1976 during the Cold War with the USSR to implement unilateral arms export controls that reflected those imposed on Eastern Bloc countries by the multilateral Coordinating Committee for Multilateral Export Controls. The purpose of ITAR is to safeguard national security and further American foreign policy interests.

ITAR is authorized by Section 38 of the Arms Export Control Act (AECA) (22 U.S.C. 2778), which authorizes the President to control the export and import of defence articles and services. This authority was delegated to the State Department by Executive Order 13637. ITAR is currently administered by the Directorate of Defense Trade Controls (DDTC), which operates within the State Department. The scope of the ITAR is very broad. The ITAR applies to any defence products found on the United States Munitions List (USML). The USML is divided into three subcomponents: defence articles, defence services, and related technical data. Defence articles can be further broken down into two categories: (a) physical items (often referred to as "commodities") and (b) technical data.

The export of "defence articles" or "defence services" that are inherently military in character or specifically designed, modified, or engineered for military applications are regulated by ITAR and enumerated in the USML. These items require licensing. The USML changes over time. For example, until 1996-1997, ITAR classified strong cryptography as arms and prohibited their export from the US. Another change occurred as a result of Space Systems/Loral's conduct after the February 1996 failed launch of the Intelsat 708 satellite. The Department of State charged Space Systems/Loral with violating the AECA and the ITAR.

ITAR also operates to prohibit the "retransfer" (also called "re-export") of items on the USML by foreign persons unless the retransfer is specifically authorized under the relevant export authorization. US persons (including organizations) can face heavy fines if they have, without authorization or the use of an exemption, provided foreign persons with access to ITAR-protected defence articles, services, or technical data. To comply with ITAR, a company must register with the DDTC and apply for an export license or temporary import license.

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