The U.S. Department of State – Directorate of Defense Controls

For the last few weeks, we have introduced you to some of the government agencies responsible for regulating exports. Last week we discussed the Bureau of Industry & Security. This week, we will introduce you to the U.S. Department of State, Directorate of Defense Controls (DDTC).

To protect national security, the U.S. Department of State, Directorate of Defense Controls (DDTC) is responsible for controlling export of defense articles and services under the United States Munitions List (USML). The DDTC controls and monitors various types of military related items, such as weapons of mass destruction, and various chemical and biological agents.

The Arms Export Control Act (AECA) provides the authority to control the export of defense articles and defense services. Promulgated under the authority of the AECA, these controls are found in the International Traffic in Arms Regulations (ITAR), which include the United States Munitions List, 22 CFR parts 120 through 130.

The USML generally consists of items specially designed or modified for military use; however, some items with non-military applications have been designated as ITAR controlled items. An “article” or “service” is subject to ITAR if (a) it is specifically designed, developed, configured, adapted or modified for a military application; and (b) does not have a predominant civil application; and (c) does not have performance equivalent to an article or service used for civil application. Defense articles and services are listed on the USML, 22 CFR 121.

All U.S. parties that manufacture or export defense articles, furnish defense services, or U.S. and foreign persons engaged in arms brokering are required to register with the State Department. Registration along with payment of a fee is required to obtain export licensing approval. Department of State approval of a license application is required prior to the export of defense articles or defense services. The DDTC is also responsible for providing information on commodity jurisdiction, which determines the export licensing authority between the Department of Commerce and Department of State. The State Department monitors the end use and end users of articles to prevent illegal exports of defense articles and technology transfers. The DDTC has the authority to approve permanent and temporary export and temporary import of “defense articles, defense services and technical data."

Next week, we will explore the Bureau of Census and Department of Defense.