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Certain PLATE products may be deemed Defense Articles. In additional to PLATE's Defense Articles, related Technical Data and Defense Services may be subject to U.S. or other export licensing requirements. The United States and other governments control the export of certain technologies, as part of an international effort to combat the proliferation of munitions, weapons of mass destruction and related technologies. These controls take the form of export regulations and license requirements. Whether a product requires an export license can depend on the product itself, the end-user and/or the end-use. PLATE, its employees and its agents are subject to U.S. export control laws that prohibit or restrict (i) transactions with certain parties, and (ii) the type and level of technologies and services that may be exported. These laws include, without limitation, the U.S. Arms Export Control Act, the U.S. Export Administration Act, and the U.S. International Economic Emergency Powers Act, and regulations issued pursuant to these statutes, including the U.S. International Traffic in Arms Regulations (ITAR) and the U.S. Export Administration Regulations (EAR).
You, our customer, acknowledge that the export, re-export or other transfer, directly or indirectly, of the goods, technical data and/or services provided by PLATE in violation of U.S. law is prohibited. Customers acquiring goods, technical data and/or services from PLATE shall be responsible for obtaining any necessary U.S. or other government authorization required to ensure compliance with applicable export laws.
"ITAR" means the International Traffic in Arms Regulations, as amended, which are promulgated and implemented by Department of State and designed to regulate items on the U.S. Munitions List, including Defense Articles and Defense Services and related Technical Data. (See 22 Code of Federal Regulations 120- 130)
“Defense Article” means any item or Technical Data relating to a military application or military related services designated in §121.1 of the ITAR. This term includes Technical Data recorded or stored in any physical form, models, mock-ups or other items that reveal technical data directly relating to items designated in §121.1 of the ITAR, but does not include basic marketing information on function or purpose or general system descriptions. (See ITAR §120.6)
“Defense Service” means (i) the furnishing of assistance (including training) to foreign persons, whether in the United States or abroad, in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles; (ii) the furnishing to foreign persons of any technical data controlled under the ITAR (see §120.10), whether in the United States or abroad; or (iii) military training of foreign units and forces, regular and irregular, including formal or informal instruction of foreign persons in the United States or abroad or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice. (See ITAR §120.9)
“Technical Data” has specific meaning under different regulations and can include much more than the common definition would imply. When dealing with import/export compliance issues, Company should always refer to the specific definition in the relevant regulations. For example, the ITAR defines Technical Data to include: any (i) information, other than software as defined in §120.10(a)(4), which is required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance or modification of defense articles, including information in the form of blueprints, drawings, photographs, plans, instructions or documentation; (ii) classified information relating to defense articles and defense services; (iii) information covered by an invention secrecy order; (iv) software as defined in §121.8(f) directly related to defense articles. (See ITAR §120.10)
For further information regarding the applicable laws, regulations, and policies contact:
Directorate of Defense Trade Controls Compliance & Registration Division
2401 E Street NW, SA-1, Room H1200
Washington, DC 20522-0112
Tel.: (202) 663-1282
Website: www.pmddtc.state.gov/response_team/index.html
Email: DDTCResponseTeam@state.gov