It should come as no surprise that information related to the United States defense industry is highly regulated. This sensitive data, often handled by U.S. military or government organizations, could affect national security or foreign relations — and as such, can carry extremely high penalties if mishandled.
Enter ITAR — or the International Traffic in Arms Regulations. ITAR is a set of U.S. compliance requirements that restrict and regulate the import and export of defense and military-related items, services, and technologies — specifically those detailed on the United States Munitions List (USML).
In accordance with the provisions of the Arms Export Control Act (AECA), ITAR’s goal is to safeguard U.S. national security, support U.S. foreign policy, and ensure that defense technologies do not fall into the hands of any unauthorized parties.
ITAR Compliance Requirements
ITAR regulates several types of defense articles, defense services, and technical data that the USML defines. Here is a breakdown of what each category covers.
While many might think of “defense articles” or items as tanks, missiles, firearms, and other weapons, the scope is much broader. The defense articles enumerated in the USML include the following 21 categories:
- Firearms, close assault weapons, and combat shotguns
- Guns and armament
- Launch vehicles, guided missiles, ballistic missiles, rockets, torpedoes, bombs, and mines
- Explosives and energetic materials, propellants, incendiary agents, and their constituents
- Surface vessels of war and special naval equipment
- Ground vehicles
- Aircraft and related articles
- Military training equipment and training
- Personal protective equipment
- Military electronics
- Fire control, laser, imaging, and guidance equipment
- Materials and miscellaneous articles
- Toxicological agents, including chemical agents, biological agents, and associated equipment
- Spacecraft and related articles
- Nuclear weapons-related articles
- Classified articles, technical data, and defense services not otherwise enumerated
- Directed energy weapons
- Gas turbine engines and associated equipment
- Submersible vessels and related articles
- Articles, technical data, and defense services not otherwise enumerated
The defense services under ITAR’s purview fall into three main categories:
- Providing assistance to foreign persons on anything related to defense articles, including training, design, development, manufacturing, maintenance, etc.
- Providing foreign persons with controlled technical data
- Providing foreign units and forces military training
ITAR also regulates three types of technical data:
- Information for the design, development, manufacturing of defense articles, including blueprints, drawings, documentation, etc.
- Classified information about the defense articles and defense services listed above
- Software directly related to defense articles
Who Needs to Be ITAR Compliant?
Covered entities are not limited to organizations in the defense industry — or government or military organizations. Absolutely any company — public or private — that does business with the U.S.military or deals with information related to items, services, or technical data covered on the USML must comply with ITAR.
Covered parties include — but are not limited to — third-party contractors and companies in the supply chain, including manufacturers, exporters, and brokers for defense articles or information — as well as wholesalers, distributors, and technology companies.
What Data Does Not Fall Under ITAR?
It’s important to note that not all defense industry data falls under ITAR. Defense, military, and technical-related data that is in the public domain, commonly taught in schools, or used in marketing material is not always regulated by ITAR.
Penalties of ITAR
Repercussions for ITAR violations include:
- civil fines up to $500,000 per violation
- criminal fines up to $1,000,000 per violation
- 10 years of imprisonment per violation
- barring from future imports and exports
How to Secure ITAR Data
Any organization subject to ITAR requirements must take concrete steps to secure their defense data and implement a detailed incident response plan in the event of a breach.
BigID’s automated data intelligence platform enables government, military, defense, and any company that handles defense articles or services to identify and secure ITAR data, prevent data breaches, reduce risk, and ultimately achieve ITAR compliance.
Identify, Classify, and Know Your Data
BigID’s data discovery foundation drills deep inside all structured and unstructured data, on-prem or in the cloud, with multiple connectors. This allows organizations to inventory, map, classify, and connect data to ITAR requirements — as well as other regulatory policies.
Monitor Processing Activities
Reduce Data Access Risk
BigID can flag and investigate high-risk users, groups, and data across an organization. Companies can track and review files containing sensitive data with open access — and produce audit reports of high-risk targets.
Leverage Risk Scoring
BigID scores risk based on a variety of data parameters like data type and location — and provides a risk-centric view of data so organizations can be proactive about reducing risk.
Learn more about how to secure and manage ITAR data to meet compliance with a BigID demo.