ITAR Policy

The International Traffic in Arms Regulations (ITAR) is the United States regulation that controls the manufacture, sale, and distribution of defense and space-related articles and services as defined in the United States Munitions List.

Export Control Policy

The United States imposes export controls and sanctions to protect national security interests and promote foreign policy objectives. Through the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR) the United States controls the manufacture, sale, and distributions of products and services. It is the responsibility of all Photonis Defense customers and employees to be compliant with the export laws and regulations.

Photonis Defense takes export control very seriously and asks that our customers help us to safeguard our technology, products, and services by abiding by all Federal Laws and Regulations.

All of the products manufactured, sold and distributed by Photonis Defense are controlled by either the EAR or the ITAR and must be handled accordingly, if you have any questions about which regulations controls the item you wish to purchase you can reach out to the Export Control Office for clarification or request assistance from Photonis Defense Customer Support using the “Request for Information” button on our website.

Below is basic information about the Export Control Laws in the United States, remember YOU are also responsible for compliance with ITAR and/or EAR regulations:

International Traffic in Arms Regulations (ITAR)

The ITAR, 22 C.F.R. Part 120-130, are administered by the Department of State’s Office of Defense Trade Controls under the authority of section 38 of the Arms Export Control Act. The ITAR regulates exports and re-exports of U.S.-origin “defense articles” (which includes items and technical data) and “defense services,” as specified by category on the U.S. Munitions List (USML) (ITAR Part 121). The ITAR also regulates temporary imports of defense articles into the U.S. An item generally will be designated as a defense article if it is specifically designed or modified for military application or has significant military or intelligence applicability requiring its control as a defense item. Items subject to ITAR jurisdiction require a specific license (i.e., an “export license”) for export to all countries.

See International Traffic in Arms Regulations for more information.

What is an Export?

Any item that is sent from the United States to a foreign destination or foreign person is an export. "Items" include commodities, software, or technology. How an item is transported outside of the United States does not matter in determining export license requirements. For example, an item can be sent by regular mail or hand-carried on an airplane. A set of schematics can be sent via facsimile to a foreign destination, software can be uploaded to or downloaded from an Internet site, or technology can be transmitted via e-mail or during a telephone conversation. Regardless of the method used for the transfer, the transaction is considered an export for export control purposes. An item is also considered an export even if it is leaving the United States temporarily, if it is leaving the United State but is not for sale, (e.g., a gift) or if it is going to a wholly owned U.S. subsidiary in a foreign country. Even a foreign-origin item exported from the United States, transmitted, or transshipped through the United States, or being returned from the United States to its foreign country of origin is considered an export. Finally, release of technology or source code subject to the EAR/ITAR to a foreign national in the United States is "deemed" to be an export to the home country of the foreign national under the EAR/ITAR.

What are my responsibilities?

When you purchase a product from Photonis Defense and wish to export it to either a foreign destination or foreign person you must first obtain the proper export classification to determine which regulation controls the item. You may request this information by contacting either the Photonis Defense sales representative or the Export Control Office.

After you receive the proper export classification you can then apply for an export license if one is required. Once you have the approval of either the Department of State (ITAR) or the Department of Commerce (EAR) you may then export or leave the country with your controlled items.