ITAR (International Traffic in Arms Regulations) covers the export of defense articles. Defense articles are defined by ITAR § 120.3 as any article (item) that is specifically designed, developed, configured, adapted, or modified for a military application. In designating an article as a defense article, the DDTC (Directorate of Defense Trade Controls) evaluates if the article has civil applications and if there exists an equivalent in the civilian sector. Once DDTC designates an item as a defense article it is placed on a list named the U.S. Munitions List (USML).
Some of the products on this website are subject to ITAR, and export is prohibited without authorization or a license issued by the U.S. Department of State’s Directorate of Defense Trade Controls. By purchasing an ITAR restricted item, the Customer agrees that:
- (i) the purchase does not require Defiance Machine to export the items, unless Defiance Machine is aware of the export and has obtained the appropriate U.S. Government authorization;
- (ii) the Customer does not intend to export the items after receipt from Defiance Machine without the appropriate U.S. Government export authorization;
- (iii) the Customer does not intend to export, transfer, sell, or furnish the item to any foreign person, whether abroad or in the U.S., including any Foreign Embassy in the U.S., without the appropriate U.S. Government export authorization;
- (iv) the Customer understands that a foreign person under the ITAR § 120.16 means “any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3),” and can also mean “any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions)”;
- (v) the Customer is a U.S. Person as defined by ITAR § 120.15, meaning the Customer is a lawful permanent resident of the U.S., as defined by 8 U.S.C. § 1101(a)(20), or is a protected individual as defined by 8 U.S.C. § 1324b(a)(3), or is a “corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the U.S., or is a governmental (federal, state, or local) entity”