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versions of ITAR and the USML are available at:
http://www.pmddtc.state.gov/regulations_laws/itar.html.
Items and related technical data subject to the ITAR are set forth on the U.S. Munitions List
(“USML”) found in Section 121.1 of the ITAR. Generally, the USML includes any military
intelligence or defense-related hardware, software and technical data as well as some “space-
qualified” hardware, software, technical data, and services suitable for use in space. It,
however, also covers certain biological and chemical items.
Under the ITAR, an article may be designated by DDTC as a defense article if it is specifically
designed, developed, configured, adapted, or modified for a military application, and: (i) it does
not have predominant civil applications, and does not have performance equivalent (defined by
form, fit and function) to those of an article or service used for civil applications; or (ii) it is
specially designed, developed, configured, adapted, or modified for a military application, and
has significant military or intelligence applicability such that control under the ITAR is necessary.
The determination as to whether an item satisfies these conditions is based on the history of the
development of the item and the environment (i.e., civil, dual-use, or military) from which the item
emerged, and not its intended end-use. The intended use of the item after its export (i.e., for a
military or civilian purpose) is not relevant in determining whether the article or service is subject
to control under ITAR. Certain research related to bioterrorism or defenses against biowarfare,
for example, may fall within the ITAR.
Given the complexities of the ITAR regulations, the likelihood that issues arising under the ITAR
will have to be reviewed at the highest levels of Drexel, and the requirement that Drexel register
with the DDTC before exporting most ITAR-regulated items, you should contact OR immediately if
you believe that you are dealing with a defense item covered by the regulations. Submission of
an Agreement to DDTC and/or approval by the relevant agencies of the U.S. Government
generally takes months, so this approval process, as well as the internal review, should be
factored in to any planning.
Office of Foreign Assets Controls (U.S. Department of the Treasury): Third, the
Office of Foreign Assets Control at the U.S. Department of the Treasury (“OFAC”) regulates all
transactions abroad with prohibited parties, such as terrorists and countries subject to U.S.
embargoes (hereinafter, “prohibited end-users”). OFAC also enforces the Trading with the Enemy
Act and various Executive Orders, which are executed through regulations at 31 C.F.R. §511 et
seq. These regulations cover a range of activities such as foreign travel to OFAC-listed countries,
sponsorships of symposia and other international activities, payments to foreign persons, and
providing services or other items of value to OFAC-listed persons, entities or countries. Patent
applications to countries subject to OFAC restrictions require either a specific or general license
for prosecution and filing.