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2017 Annual InternationalTraffic in ArmsRegulations(ITAR)Training 2017 Oasis Systems – Proprietary
Purpose of Export Lawsand Controls The US government restricts the release ofstrategically important technology andproducts to: Limit Weapons of Mass Destruction(WMD) proliferation Prevent our adversaries from obtaining thecapability to threaten US national security Ensure US allies have the best equipmentand know-how Prevent supply shortages of criticalmaterials Support US foreign policy (human rights,trade sanctions, embargoes) Ensure US forces have the bestequipment and know-how 2017 Oasis Systems – Proprietary
International Traffic in ArmsRegulations (ITAR) ITAR controls export &/or import of any item or data or service of asensitive nature to U.S. security interests. Those interests are listedwithin the ITAR under 21 categories of Defense Articles (e.g.,warplanes, warships, military firearms ) and related defense services. ITAR applies to Oasis because Oasis provides services & data underUSG contracts related to 3 of the 21 categories. Oasis does notmanufacture any item or defense article listed under those categories. ITAR prohibits any export &/or import of Technical Data or DefenseServices without first having the proper authorization in place. ITAR compliance means U.S. security interests are protected andpersonal &/or corporate penalties are avoided. Oasis would be exporting if (a) orally, visually or in writing technical datawas disclosed or transferred or (b) such services were provided on thebehalf, or for their benefit, of any Foreign Person, whether in the U.S. orabroad. 2017 Oasis Systems – Proprietary
Defense Article A defense article is any item or technical data listed in theITAR on the United States Munitions List (USML) e.g. radars, military engines, computer software An article or service may be designated as a defensearticle in the future under certain conditions Items designed, developed, configured, adapted, ormodified for military application No civil application equivalentITAR requires a record of all exports 2017 Oasis Systems – Proprietary
U.S. Controlled TechnicalData Information that is required for the design, development,production, manufacture, assembly, operation, repair,testing, maintenance, or modification of defensearticles engineering “know-how” Examples Blueprints technical drawings photographs Plans instructions proposals Specifications statements of work Test procedures / results “How-to” information Software directly related to defense articles Classified information relating to defense articles anddefense services 2017 Oasis Systems – Proprietary
Defense ServiceFurnishing assistance (including training and providing tech data) to aforeign person(s) in the: ssemblyTesting tionDestructionProcessingUseExamples include: set to work, installations, troubleshooting, meetings,provision of tech dataITAR requires a record of all exports 2017 Oasis Systems – Proprietary
US Person vsForeign PersonUS Person US citizen Lawful permanentresident Green card holder Protected individual Refugee or asylum status Corporation, business,or other entityincorporated to dobusiness in the US US governmental orstate agency Foreign PersonPerson holding citizenship ofa foreign countryForeign entities notincorporated or organized todo business in the USForeign governments(foreign embassies on USsoil)US persons employed by orworking on behalf of a“Foreign Person” 2017 Oasis Systems – Proprietary
What is an Export?As defined by the ITAR, export means: Sending or taking a defense article out of the U.S. in any manner Transferring registration, control, or ownership of any aircraft, vessel,or satellite covered by the USML to a foreign person Disclosing (either orally or visually) or transferring in the US anydefense article to an embassy, agency or subdivision of a foreigngovernment (i.e. diplomatic missions) Disclosing (either orally or visually) or transferring technical data to aforeign person, either in the US or abroad Performing a defense service on behalf of, or for the benefit of, aforeign person, either in the US or abroad The sale, transfer, or proposal to sell or transfer defense articles orservices to certain countries 2017 Oasis Systems – Proprietary
How Do Exports Occur? Hand-Carry Travel Foreign/Domestic Technical Services Phone/Fax / E-mail Laptops Trade Shows Computer Networks Casual Conversation MailTours / eEnvironments e.g. SharePoint(accessing and sharinginfo) Shipments 2017 Oasis Systems – Proprietary
RecordkeepingIn accordance with ITAR, we must obtainapproval prior to: All exports Meeting agendas & attendance Public release data Technical data exports/transfers DSEAs (Data & Services Export Authorization) By hard copy By verbal or oral (presentations) By e-mail, faxes, phone conversations, etc.Note: Required to keep records for 5 years 2017 Oasis Systems – Proprietary
Planning Ahead The Key To Success Export approvals take time – please contact yourExport Compliance Officer as soon as possible Teamwork and planning are necessary Export compliance can help you develop exportlicensing strategies and ensure any exemptionsare sent to USG in a timely manner in order tomeet critical program deadlines. 2017 Oasis Systems – Proprietary
AuthorizationsALL Authorizations are Subject to Limitations and Provisos Technical Assistance Agreement (TAA) Transfer of tech data, defense articles and/or services Manufacturing Assistance Agreement (MLA) Permits manufacture / sale of defense articles abroad Licenses ITAR Exemptions Exports “exempt” from authorization requirements Must meet specific criteria Case-by-case Contact your Export Compliance Officer forapplicability (e.g. Foreign Military Sales “FMS”) 2017 Oasis Systems – Proprietary
No Export Authorization?You can provide: General system description Basic marketing Public domain informationinformation such as:form (size), fit (weight)and function(power/voltage)information Have your USGcustomer provide the info 2017 Oasis Systems – Proprietary
Cost of IgnoringRegulations Company risk for non-compliance for ITAR Fines up to 1,000,000 per violation Loss of export privileges Debarment from AECA (Arms Export Control Act) activities No ITAR exports Debarment from government contracting Placement of company on "denied parties list“ Individual risk for non-compliance Fines up to 1,000,000 per violation 10 years imprisonment per violation 2017 Oasis Systems – Proprietary
Public DomainWhat is NOT Technical Data? Public Information Release Authorization (PIRA) Release of all forms of communication to the public Publicly available information Newsstands, unrestricted subscriptions, 2nd class mail, libraries Publicly released by USG DoD Statement A (can be released to the public) Basic marketing information on function or purpose General scientific, mathematic, and engineering principles, orfundamental research e.g., schedules, parts lists, top-level drawings 2017 Oasis Systems – Proprietary
Export CompliancePoint of ContactOasis Corporate Office:Kerry Pitrowski (Export ems.com 2017 Oasis Systems – Proprietary
ITAR compliance means U.S. security interests are protected and personal &/or corporate penalties are avoided. Oasis would be exporting if (a) orally, visually or in writing technical data was disclosed or transferred or (b) such services were provided on the behalf, or for their benefit, of any Foreign Person, whether in the U.S. or abroad.
