Estimated reading time: 3 minutes
ℹ️ What are the International Traffic in Arms Regulations (ITAR)?
The International Traffic in Arms Regulations (ITAR) are U.S. regulations that control the manufacture, sale, and distribution of defence and space-related articles and services, as defined in the U.S. Munitions List (USML). Despite the name, ITAR covers much more than munitions – it includes everything from handcuffs and body armour to spacecraft, as well as technical data and defence-related services. Additionally, the Export Administration Regulations (EAR) govern dual-use equipment, as defined by the Commerce Control List (CCL).
🤔 So, what does this mean?
When ITAR is involved in a project, the correct licences must be in place to share that information.
This may involve:
- The Ministry of Defence (MOD) needing to share ITAR information with bidders.
- Bidders of Suppliers sharing ITAR-related data with the authority.
- Exports can only be made if granted the appropriate licences. Getting licences can be a lengthy process.
- Companies must ensure that ITAR data is not shared with anyone who is not a US citizen, unless they are part of the licencing.
But I’d heard that had all been done away with?
In September 2024, an exemption issued by the Directorate of Defence Trade Controls (DDTC) came into force which allows the licence-free transfer of a lot of items on the USML under specific conditions:
- Transfers can only occur between the U.S., UK, and Australia.
- The Excluded Technology List (ETL) still applies, meaning some items are not covered under the DDTC rule.
- ITAR-controlled information must still only be shared with authorised parties.
- UK Authorised Users must be enrolled and registered with the DDTC.
Note that this is a rolling process, and many companies are not yet registered.
⚠️ Be careful!
Breaching ITAR regulations can be costly: fines can exceed $1M per violation, and penalties may include debarment or up to 20 years’ imprisonment. You must still control ITAR data, even if you don’t need a licence.
🤯 How do I manage ITAR data in a competition (and beyond)?
ITAR data must not be shared within the MOD’s Defence Sourcing Portal (DSP) – this is a policy limitation. Additionally, the limited folder options in DSP Jaggaer make it difficult to separate ITAR information effectively.
However, AWARD® – available through MODNET – can securely handle ITAR data, as well as Official Sensitive and SECRET information.
💭 How does AWARD® manage ITAR?
- Restricted Access:
- AWARD® allows document-level access control on a per-user basis, ensuring only authorised users can view sensitive information. Even superusers can be restricted from accessing certain documents, if necessary.
- Provides a robust and easily accessible audit trail:
- Every document access is logged, with detailed information about who accessed it and when.
- The audit trail records individual Supplier User actions, not just the supplier account.
- Clear Instructions to Suppliers & Advanced Folder Control:
- Advanced Folder Control gives the Authority precise control over document placement, ensuring ITAR documents only go into the document groups that the Authority has designated.
- Instructions can be set at multiple levels, ensuring suppliers know exactly where to upload ITAR (or other export-controlled) information.
🪪 To get set up with your AWARD® licences, find out more about support for managing ITAR and how it works within AWARD®, or for any other queries, please contact samantha.bevan-talbot101@mod.gov.uk.
🔔 Reminder
As a MOD employee you have access to Commerce Decisions’ services under an existing contract. Our services and support include the AWARD® software (integrated as part of the Defence Sourcing Portal (DSP), Expert Evaluation Design Consultancy and Training.
Get in touch with samantha.bevan-talbot101@mod.gov.uk to find out more.
