Avoid Costly Penalties from Dealing With the Embargo Act and Wrong ITAR Countries under ITAR 22 CFR 120.15

ITAR Prohibited CountriesImportant to the International Traffic in Arms Regulations (ITAR Regulations), there are certain ITAR prohibited countries that corporations must be aware of that prohibit ITAR involvement.

These ITAR countries are listed to keep participants on notice. Having an International Traffic in Arms Regulations attorney can save corporations substantial stress and headaches if they are not current on the changing laws. Common prohibited embargoed countries include:

  • Cote d’Ivoire 
  • Democratic Republic of Congo
  • Iraq
  • Iran
  • Lebanon
  • Liberia
  • North Korea
  • Somalia
  • The Republic of Sudan 

The export regulations have specific information about each country and you must be always aware of the change notices. See additional information on ITAR compliance penalties and EAR fines. Please see also this link for ITAR and export embargoed countries.

ITAR Prohibited Countries – ITAR 22 CFR 120.15 Regulations & Policy 

As per 22 CFR 126.1

Under the ITAR compliance regulations, it is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services destined for or originating in certain ITAR prohibited countries. This policy applies to Belarus, Cuba, Eritrea, Iran, North Korea, Syria, and Venezuela. 

This policy also applies to ITAR proscribed countries with respect to which the United States maintains an arms embargo (e.g., Burma, China, and the Republic of Sudan) or whenever an export would not otherwise be in furtherance of world peace and the security and foreign policy of the United States.

Information regarding certain other embargoes appears elsewhere in this section of the CFR. Comprehensive arms embargoes under the Embargo Act are normally the subject of a notice by the State Department published in the Federal Register.  

Shipments: A defense article licensed for export under this sub-chapter of the CFR may not be shipped on a vessel, aircraft or other means of conveyance which is owned or operated by, or leased to or from, any of the prohibited countries or areas. 

Embargo Act – Exports and Sales Prohibited by United Nations Security Council embargoes: Whenever the United Nations Security Council mandates an arms embargo under the Embargo Act, all transactions that are prohibited by the embargo and that involve U.S. persons (see 22 CFR 120.15 for definition of a US person) anywhere, or any person in the United States, and defense articles or services of a type enumerated on the United States Munitions List (22 CFR 121), irrespective of origin, are prohibited under the ITAR regulations for the duration of the embargo, unless the Department of State publishes a notice in the Federal Register specifying different measures.

This would include, but is not limited to, transactions involving trade by U.S. persons who are located inside or outside of the United States in defense articles or services of U.S. or foreign origin located inside or outside of the United States.

See How We Can Help You With ITARS and Export Control Matters

For help with the Embargo Act, ITAR registration and compliance of International Traffic in Arms –  22 C.F.R § 120.15  guidance with ITAR prohibited countries, call our ITAR compliance attorneys at 1-866-601-5518 for immediate help.

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