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International Traffic in Arms Regulations, or ITAR is an important section of regulations under Title 22 of the Code of Federal Regulations. ITAR regulations focus on the import and export controls for products and services which are defense related. These regulations are yet another layer of our nations network dedicated to the protection of US national security and foreign policy.
Typically, products and services subject to ITAR regulations are military products and services. However, the line between military products and services and commercial products and services has blurred. This is true because of the endless list of technologies that began as military and were incorporated into our everyday commercial usage products. This graying of the lines can make it more difficult to determine applicability. Items appearing on the USML (U.S. Munitions List) will be subject to ITAR regulations. Defense services will be subject to ITAR regulations. Some technical data and software will be subject to ITAR regulations.
When products, services and technical data are subject to ITAR regulations, it is imperative to realize that these items CANNOT be exported in the conventional sense. Exporters of items subject to ITAR regulations must first register with the U.S. Department of State. Additionally, an export license MUST be obtained for any items appearing on the USML.
Note that failure to be in compliance with ITAR regulations can be catastrophic to companies. The nature of these violations leads to rather extreme penalties at the disposal of the enforcement community. Criminal violations can lead to 10 years imprisonment and up to $1,000,000.00 per violation. Because of this, it is extremely important for US companies to understand whether their products, services and technical data/software is subject to ITAR regulations.
JAS USA Compliance Team is well versed in ITAR regulations. Our experience in supporting our own internal vertical JAS GLS (Government Logistics Services) has allowed us to be on the cutting edge of this niche market sector. Need help? Contact us today!
Our September spotlight of the month is Mr. Joseph Schmidt from our New York branch, where he has been with JAS since 1998. Joe has been in the busines for 46 years and has been a Licensed Customs Broker since 1983. He is the Broker Manager and Licensed Customs Broker responsible for the JAS New York location.
Joe loves sports, and is a huge fan of the NY Mets, Giants and Knicks. He also loves Elvis Presley. His ringtone on his phone is the song "Follow That Dream" from the 1962 Elvis movie of the same name.
His long tenure shows not only his dedication to JAS, but also shows JAS' commitment to retain dedicated professionals because People Make the Difference!
The JAS Forwarding (USA) Inc. Corporate Compliance Team met in August at our Corporate Headquarters.
The JAS Corporate Compliance Team gets together regularly to discuss current trade compliance topics such as AD/CVD (recent aluminum case), and section 301 matters. Additionally, the Compliance Team is always strategizing on how to better serve our client's compliance needs.
The team was able to have an evening of team building throwing axes!
The Modernization of Cosmetics Regulation Act (MoCRA) has recently gone into effect. The MoCRA is the most significant expansion of FDA's authority to regulate cosmetics since the Federal Food, Drug and Cosmetic (FD&C) Act was passed in 1938.
Manufacturers and processors must register their facilities with FDA and renew every two years. Examples of items subject to MoCRA include but are not limited to baby products, bath preparations, various makeups, hair products, and even oral products such as mouthwash.
There are free tools available to determine whether FDA's new MoCRA regulations apply. Check out the link below to utilize this free tool!
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