DDTC ITAR Risk Matrix

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1

ITAR COMPLIANCE RISK MATRIX

Version

Date

Description of Changes

1.0

09/08/2023

Final

2

ITAR COMPLIANCE RISK MATRIX

The International Traffic in Arms Regulations (ITAR) Compliance Assessment Risk Matrix is a tool for organizations that manufacture, export, broker,

or temporarily import defense articles and defense services described on the United States Munitions List (USML) to assist organizations in assessing

their level of ITAR compliance risk. ITAR risk assessments in the defense trade controls context are evaluations of the potential compliance risks that

are specific to each organization and that, if left unaddressed, may lead to ITAR violations. ITAR risk assessments therefore allow organizations to

ascertain and analyze the likelihood that ITAR violations may occur, the most common reasons ITAR violations may occur, and the types of ITAR

violations that are most likely to occur or may result in harm to U.S. national security. After conducting an ITAR risk assessment to understand the full

spectrum of ITAR compliance risks, organizations should use that data to create an effective and tailored ITAR compliance program and allocate

resources as appropriate to prioritize and mitigate those risks.

A basic approach to ITAR compliance involves three areas:

1.

Identify any ITAR-controlled activities or defense articles, including technical data.

2.

Recognize the threats and vulnerabilities relevant to those ITAR-controlled activities or defense articles, including technical data.

3.

Formulate a risk-based ITAR compliance plan that mitigates the organization’s vulnerabilities. See the Directorate of Defense Trade

Controls (DDTC’s) Compliance Program Guidelines for an overview of an effective ITAR compliance program.

This matrix is organized into:

1.

Enterprise Risks – These risks should be understood as areas applicable to the entire organization, not the size of structure of the organization

TAR compliance plan that mitigates the organization’s vulnerabilities. See the Directorate of Defense Trade

Controls (DDTC’s) Compliance Program Guidelines for an overview of an effective ITAR compliance program.

This matrix is organized into:

1.

Enterprise Risks – These risks should be understood as areas applicable to the entire organization, not the size of structure of the organization.

2.

Organizational Function Risks – These risks should be understood as areas that are typically most applicable to the function or group within the

identified responsibilities. If your organization does not have a function or group performing these tasks specifically, you should still consider these risks

and where they exist in your organization.

3.

ITAR Compliance Program Element Risks.

Note: The ITAR Compliance Assessment Risk Matrix is meant to be a tool for organizations to use to review and assess their ITAR compliance risks and

gain a general understanding of their overall level of ITAR compliance risk. It is not intended to be comprehensive, nor is it intended to be exhaustive,

and not all risks apply to all organizations. ITAR compliance risks are specific to each organization’s operations and functions. This information is not

3

intended to serve as a basis for any actions or decisions on the part of the public or the DDTC. To the extent there is any discrepancy between this

information and either the Arms Export Control Act, as amended (AECA) or the ITAR, the AECA and ITAR will prevail. See ITAR Compliance Risk

Assessment Matrix, Supplement 1, ITAR Risk Matrix for Universities for information tailored to universities, research institutes, and laboratories.

1. ENTERPRISE RISKS

ITAR compliance risks vary widely. The size and structure of each organization and the scope of its business are major factors that inform ITAR

compliance risk

ITAR, the AECA and ITAR will prevail. See ITAR Compliance Risk

Assessment Matrix, Supplement 1, ITAR Risk Matrix for Universities for information tailored to universities, research institutes, and laboratories.

1. ENTERPRISE RISKS

ITAR compliance risks vary widely. The size and structure of each organization and the scope of its business are major factors that inform ITAR

compliance risk.

Enterprise Risk

LOW RISK

MEDIUM RISK

HIGH RISK

Organization Size, Exposure,

and Changes/Growth

Small-sized organization with:

•

Few or no international sales, transactions

with foreign persons, and/or only

incidental contact with ITAR-controlled

items.

•

Limited reliance on ITAR-controlled

software and technical data.

•

Only manufacturing activity, no exports.

•

Routinely performs compliance resource

reviews to address and adapt to

changes/increases in ITAR footprint.

•

Allocates funding to support additional

resources or personnel as needed in

response to changes/growth.

Medium-sized organization with:

•

Minimal U.S. Munitions List (USML)

category specialization.

•

Some international presence.

•

Some international sales, transactions with

foreign persons, and/or sales primarily

intended to supply the U.S. government

outside of the U.S.

•

Some dependence on ITAR-controlled

technical data and software systems.

•

Performs compliance resource reviews as

needed in response to changes/increases in

ITAR footprint.

•

Allocates some funding to support additional

resources or personnel as needed in response

to changes/growth and is a lengthy process.

Large-sized organization with:

•

Diverse product line.

•

Extensive international presence.

•

Broad base of domestic and foreign customers.

•

Does not perform compliance resource reviews

in order to adapt to changes/increases in ITAR

footprint.

•

Does not allocate funding to support additional

resources or personnel in response to

changes/growth as needed.

Ownership Structure

•

Exclusively U.S

ganization with:

•

Diverse product line.

•

Extensive international presence.

•

Broad base of domestic and foreign customers.

•

Does not perform compliance resource reviews

in order to adapt to changes/increases in ITAR

footprint.

•

Does not allocate funding to support additional

resources or personnel in response to

changes/growth as needed.

Ownership Structure

•

Exclusively U.S. person ownership.

•

Non-U.S. person ownership.

•

Non-U.S. person owners exclusively from

non-ITAR §126.1 countries.

•

Predominantly or exclusively non-U.S. person

ownership.

•

Individuals or entities from ITAR § 126.1

countries on Board or as Executives.

•

Owned and/or controlled by a foreign company.

Organization Location and

Structure

•

No or few subsidiaries or affiliates.

•

All subsidiaries or affiliates based in the

United States.

•

Few or more subsidiary/affiliates.

•

Subsidiaries/affiliates outside the United

States.

•

Multitiered, complex structure, to include

multiple or complex, holding companies.

•

Subsidiaries/affiliates in ITAR § 126.1 countries.

4

Enterprise Risk

LOW RISK

MEDIUM RISK

HIGH RISK

Mergers, Acquisitions, &

Divestitures (MAD)

•

No or limited history of participation in

mergers, acquisitions, and/or divestitures

associated with defense articles or defense

services.

•

Possibility of merger, acquisition, or

divestiture.

•

ITAR violations discovered during MAD due

diligence activity.

•

Some target entities involve ITAR-controlled

activity.

•

Regularly engages in merger, acquisition, and/or

divestiture activities.

•

Target entities involved in ITAR-controlled

activity.

•

No ITAR compliance due diligence activity is

conducted prior to MAD.

•

If applicable, does not file with the Committee

on Foreign Investment in the United States.

•

Does not provide 60-day and/or 5-day notice to

DDTC.

Lines of Business

•

Transacts in a limited number of ITAR-

controlled products or services

iture activities.

•

Target entities involved in ITAR-controlled

activity.

•

No ITAR compliance due diligence activity is

conducted prior to MAD.

•

If applicable, does not file with the Committee

on Foreign Investment in the United States.

•

Does not provide 60-day and/or 5-day notice to

DDTC.

Lines of Business

•

Transacts in a limited number of ITAR-

controlled products or services.

•

Products and services are not ITAR-

controlled.

•

Multiple lines of ITAR-controlled products or

services offered.

•

Furnishes defense services to non-U.S.

Government customers.

•

Some sales involve Significant Military

Equipment and/or classified defense articles.

•

Engages in brokering activities.

•

Mix of commercial and ITAR-controlled

products.

•

Occasionally provide defense services.

•

Business mostly or exclusively focused on non-

U.S. business/markets.

•

Extensive international logistics operations.

•

Sales involve Significant Military Equipment

and/or classified defense articles.

•

Engages regularly in brokering activities.

•

Mostly/exclusively ITAR-controlled products

•

Regularly furnishes defense services.

International Business

•

No international activity or interactions

with foreign customers.

•

May conduct limited amount of overseas

support to U.S. Government.

•

Solely domestic manufacturing of defense

articles with no export activity.

•

No use of Foreign Service Centers.

•

No foreign subsidiaries/affiliates/vendors

that manufacture, develop, repair, and/or

service ITAR-controlled products outside

the United States.

•

Some foreign customers, suppliers, vendors,

sales representatives, distributors, resellers,

consultants, and/or brokers.

•

Some manufacturing of ITAR-controlled

defense articles abroad.

•

Has some export licenses and authorizations

to procure defense articles from abroad.

•

Use of Foreign Service Centers that have

limited ITAR knowledge

ontrolled products outside

the United States.

•

Some foreign customers, suppliers, vendors,

sales representatives, distributors, resellers,

consultants, and/or brokers.

•

Some manufacturing of ITAR-controlled

defense articles abroad.

•

Has some export licenses and authorizations

to procure defense articles from abroad.

•

Use of Foreign Service Centers that have

limited ITAR knowledge.

•

Limited overseas subsidiaries / affiliates /

vendors that manufacture, develop, repair,

and/or service ITAR-controlled products

outside the United States.

•

Minimal Technical Assistance Agreements

(TAAs), Manufacturing License Agreements

•

More than half of revenue comes from

international business with a majority of

customer base being foreign persons.

•

Has a global structure for manufacturing and/or

development of defense articles.

•

Extensive manufacturing facilities and/or

warehouse or distribution centers abroad.

•

Manufactures and procures non-ITAR controlled

items from ITAR § 126.1 countries.

•

Heavy reliance on Foreign Service Centers but

Foreign Service Centers lack ITAR expertise and

procedures.

5

Enterprise Risk

LOW RISK

MEDIUM RISK

HIGH RISK

(MLAs), Distribution Agreements, or

Warehouse Agreements.

Markets

•

No foreign customers.

•

The organization transacts with a few foreign

customers (no ITAR § 126.1 countries).

•

Large foreign customer base including customers

from ITAR § 126.1 countries.

Use of Third-Party Agents,

Representatives, and

Consultants

•

No use of third-party agents,

representatives, and/or consultants in

support of ITAR-controlled activities.

•

Regular use of third-party agents with

regular submission of Part 130 reports.

•

Limited use of third-party agents,

representatives, and consultants in countries

identified as high risk of diversion and/or co-

located in geographic regions with § 126.1

countries.

•

Third-party agents, representatives, or

consultants who inconsistently follow

regulations

of ITAR-controlled activities.

•

Regular use of third-party agents with

regular submission of Part 130 reports.

•

Limited use of third-party agents,

representatives, and consultants in countries

identified as high risk of diversion and/or co-

located in geographic regions with § 126.1

countries.

•

Third-party agents, representatives, or

consultants who inconsistently follow

regulations.

•

Regular use of third-party agents,

representatives, or consultants with little

experience or background in ITAR-related

business.

•

Use of third-party agents, representatives, or

consultants from § 126.1 countries (when

required authorizations are in place).

International Travel,

Conferences, Trade Shows

•

Employees have limited international

travel.

•

Employees do not attend, receive,

distribute, nor present at international

conferences and/or trade shows.

•

Employees frequently travel to overseas

destinations where they participate in

demonstrations, speaking engagements, and

trade shows.

•

Employees travel to ITAR § 126.1 countries to

speak at academic conferences, or to visit sites in

countries where it is known that persons from

ITAR § 126.1 countries may be present.

Exports

•

Limited, distribution or export of ITAR-

controlled defense articles or defense

services.

•

Limited manufacturing of defense articles

and no exports.

•

Limited ITAR-controlled activities with

foreign persons.

•

Extensive and organized record keeping.

•

Few exports of defense articles and furnishing

of defense services.

•

Mix of ITAR-controlled and non-ITAR-

controlled products shipped overseas.

•

Employees occasionally hand carry defense

articles or technical data overseas.

•

Routinely hand carry defense articles

overseas.

•

Spotty recordkeeping and records kept in

multiple locations that are hard to produce

when needed.

•

High volume of export of defense articles and

furnishing of defense services.

•

Routinely hand carry defense articles or technical

data overseas

eas.

•

Employees occasionally hand carry defense

articles or technical data overseas.

•

Routinely hand carry defense articles

overseas.

•

Spotty recordkeeping and records kept in

multiple locations that are hard to produce

when needed.

•

High volume of export of defense articles and

furnishing of defense services.

•

Routinely hand carry defense articles or technical

data overseas.

•

Lack of record keeping and reporting.

•

Reliance on third parties for classification of

defense articles on the USML and to assist with

ITAR compliance.

Foreign-Person Employment

•

Has processes in place to identify foreign

person employees and protect against

unauthorized access to or release of

defense articles, including technical data,

and defense services to foreign person

employees.

•

Has limited processes and safeguards in place

to identify or protect against unauthorized

access to or release of defense articles,

including technical data, and defense services

to foreign person employees.

•

Has significant number of foreign person

employees in the United States and/or working

for the U.S. entity overseas.

•

No or weak processes in place to protect against

unauthorized access to or release of defense

articles, including technical data, and defense

6

Enterprise Risk

LOW RISK

MEDIUM RISK

HIGH RISK

services to foreign entities and foreign

employees.

•

Potential foreign person employees need for

access to technical data with there being no

export license or other authorization in place.

•

Foreign person employees from ITAR § 126.1

countries.

Classified Work

•

No ITAR-controlled activities involving

classified defense articles, classified

technical data, or classified information.

•

Business involves ITAR-controlled activities

involving limited classified contracts.

•

Business involves limited export of classified

defense articles, technical data, or

information

ce.

•

Foreign person employees from ITAR § 126.1

countries.

Classified Work

•

No ITAR-controlled activities involving

classified defense articles, classified

technical data, or classified information.

•

Business involves ITAR-controlled activities

involving limited classified contracts.

•

Business involves limited export of classified

defense articles, technical data, or

information.

•

Limited number of employees with the

required security clearance level involved in

the classified work involving ITAR-controlled

activities.

•

Significant portfolio of classified work that

involves regular export of classified defense

articles or classified information outside the

United States or abroad.

•

Lack of employees with the required security

clearance level in the United States and/or abroad

involved in the classified work involving ITAR-

controlled activities.

•

Lacks policies and procedures on handling and

exporting classified defense articles, technical

data, and defense services.

Foreign Person Visitors

•

Limited or no foreign person visits/tours

in its facilities.

•

Processes in place to protect against

unauthorized access to or release of

defense articles, including technical data,

and defense services to foreign visitors.

•

No ITAR-related work or defense articles

out in plain view at facilities.

•

Export licenses are routinely and

consistently obtained for foreign visitors.

•

Foreign visitors occasionally participate in

meetings or tours in its facilities.

•

Limited process in place to protect against

unauthorized access to or release of defense

articles, including technical data, and defense

services to foreign visitors.

•

Large number of foreign visitors or tours of

facilities.

•

No processes in place to protect against

unauthorized access to or release of defense

articles, including technical data, and defense

services to potential foreign visitors.

•

ITAR-related work and/or defense articles in

plain view at facilities

articles, including technical data, and defense

services to foreign visitors.

•

Large number of foreign visitors or tours of

facilities.

•

No processes in place to protect against

unauthorized access to or release of defense

articles, including technical data, and defense

services to potential foreign visitors.

•

ITAR-related work and/or defense articles in

plain view at facilities.

•

Houses/stores defense articles in facilities in non-

secured areas.

Screening

•

Regularly screens all outside parties.

•

Screens all new employees at time of hire.

•

Screen most outside parties.

•

Screens only foreign person hires.

•

No party screening.

•

No new hire screening.

7

2. ORGANIZATIONAL FUNCTION RISKS

All functions within an organization should be evaluated to determine the level of ITAR compliance risk associated with that function.

Organizational Function

LOW RISK

MEDIUM RISK

HIGH RISK

Senior Management / Program

Management

•

Actively promotes a culture of ITAR

compliance.

•

Promulgates ITAR compliance policies

and procedures throughout the enterprise.

•

Directs development of internal ITAR

procedures.

•

Periodically assesses and addresses ITAR

compliance resources.

•

Directs and conducts consistent training

on U.S. export control laws and

regulations throughout the enterprise.

•

Has an ITAR compliance program but lacks

sufficient internal ITAR procedures for each

business function.

•

Periodically conducts ITAR training.

•

Does not actively promote a culture of ITAR

compliance.

•

Lacks enterprise-wide ITAR compliance policies

and procedures.

•

ITAR processes are not incorporated into

business functions.

Export Control Resources and

Personnel

•

Has in-house ITAR expertise.

•

ITAR processes are fully integrated into

all business functions.

•

Export control personnel understand their

functions and ITAR requirements.

•

All personnel involved in exports are fully

trained and guidance on U.S

e policies

and procedures.

•

ITAR processes are not incorporated into

business functions.

Export Control Resources and

Personnel

•

Has in-house ITAR expertise.

•

ITAR processes are fully integrated into

all business functions.

•

Export control personnel understand their

functions and ITAR requirements.

•

All personnel involved in exports are fully

trained and guidance on U.S. export

control laws and regulations.

•

Has a sufficient number of export control

personnel.

•

Export control provides training on U.S.

export control laws and regulations to key

functional areas.

•

Keeps up with export control regulatory

changes.

•

May need additional export control personnel.

•

Has some internal ITAR expertise.

•

Export control personnel receive some

training on U.S. export control laws and

regulations.

•

Insufficient number of export control resources.

•

Does not have sufficient in-house expertise on

U.S. export control laws and regulations.

•

No training on U.S. export control laws and

regulations is conducted.

Information Technology (IT)

•

Technical data is not backed up to servers

in foreign locations, unless compliant

with the provisions of ITAR 120.54(a)(5)

•

Use of virtual private network (VPN),

ITAR-controlled information transferred

•

Data stored in standard cloud or accessible by

limited numbers of authorized foreign

persons.

•

Much technical data stored outside the United

States is not compliant with the provisions of

ITAR 120.54(a)(5)

•

Authorized data accessible by larger numbers of

foreign persons.

ovisions of ITAR 120.54(a)(5)

•

Use of virtual private network (VPN),

ITAR-controlled information transferred

•

Data stored in standard cloud or accessible by

limited numbers of authorized foreign

persons.

•

Much technical data stored outside the United

States is not compliant with the provisions of

ITAR 120.54(a)(5)

•

Authorized data accessible by larger numbers of

foreign persons.

8

Organizational Function

LOW RISK

MEDIUM RISK

HIGH RISK

through encrypted file transfer protocols

only, routine password changes required.

•

Automates export control functions.

•

Does not transfer electronic technical data

(e.g., email, file transfers) to foreign

partners/vendors/subsidiaries.

•

Technical data stored separately from

non-ITAR-controlled data, with access

controls in place.

•

Processes and procedures in place to

request, review, approve/deny access to

technical data or systems/networks.

•

Controls and processes/procedures built

into and across all business units (i.e.,

Human Resources, IT, Trade

Compliance).

•

Has a fully implemented trade/compliance

management software suite.

•

VPN use, ITAR-controlled information

transferred through encrypted email, routine

password changes required.

•

Has automated some export control functions.

•

Few transfers of electronic technical data

(e.g., email, file transfers) to foreign

partners/vendors/subsidiaries.

•

Technical data resides on systems located in

the United States but sometimes accessed by

employees and partners/vendors/subsidiaries

outside of the United States with

authorization.

•

Technical data co-mingled with non-ITAR-

controlled data, but access controls are in

place.

•

Does not routinely verify that only authorized

technical data is stored in travel laptops.

•

Has some trade/compliance automation tools.

•

Does not use VPN, ITAR-controlled information

transferred through unencrypted email

s/subsidiaries

outside of the United States with

authorization.

•

Technical data co-mingled with non-ITAR-

controlled data, but access controls are in

place.

•

Does not routinely verify that only authorized

technical data is stored in travel laptops.

•

Has some trade/compliance automation tools.

•

Does not use VPN, ITAR-controlled information

transferred through unencrypted email.

•

High transactional volume relying on manual

processes in conducting various ITAR-controlled

activities, including tracking authorizations and

exports.

•

Regular transfers of electronic technical data

(e.g., email, file transfers) to foreign

partners/vendors/subsidiaries.

•

Technical data is regularly accessed by

employees and partners/vendors/subsidiaries

outside of the United States.

•

No separation of technical data from non-ITAR

data and no access controls in place.

•

No processes and procedures in place to request,

review, approve/deny access to technical data or

systems/networks.

•

Does not adequately track access to ITAR-

controlled technical data.

•

All physical locations/directories of technical

data are not identified and documented.

•

Has no trade or ITAR compliance automation

tools.

•

Routinely outsources IT management and is not

familiar with the physical location of servers.

Manufacturing

•

Drawings or manufacturing instruction

are labeled with appropriate markings.

•

No exposure to any non-U.S. persons.

•

Classification of items prior to export.

•

Some non-U.S. person exposure with

appropriate export controls in place.

•

Outsourcing manufacturing to foreign sources.

•

Limited ITAR-controlled technology transfer

controls in place.

•

Lack of classification knowledge of defense

articles.

•

No ITAR controls/checks in place for non-U.S.

persons.

Business Development / Sales /

Marketing

•

Minimal exports, imports, or sales of

defense articles internationally.

•

Exports, imports, or sells some defense

articles domestically and internationally

rces.

•

Limited ITAR-controlled technology transfer

controls in place.

•

Lack of classification knowledge of defense

articles.

•

No ITAR controls/checks in place for non-U.S.

persons.

Business Development / Sales /

Marketing

•

Minimal exports, imports, or sales of

defense articles internationally.

•

Exports, imports, or sells some defense

articles domestically and internationally.

•

Exports, imports, or sells defense articles

internationally.

9

Organizational Function

LOW RISK

MEDIUM RISK

HIGH RISK

•

Classifies all defense articles prior to

marketing.

•

Does not use third-party agents or

advisers.

•

Business development personnel trained

in export controls.

•

Uses some third-party agents under strict

controls.

•

Uses sales third-party agents frequently and with

few ITAR compliance controls.

•

Business development personnel not trained in

export controls.

Procurement / Supply Chain /

Purchasing

•

Does not purchase defense articles.

•

Obtains or performs export

jurisdiction/classifications for all items in

its bill of materials.

•

Checks vendors/suppliers for DDTC

registration status and performs party

screening.

•

Exclusive use of U.S. suppliers with U.S.

locations.

•

Small number of suppliers.

•

Fully vet suppliers and obtain export

jurisdiction/classification.

•

Suppliers are familiar with the ITAR and

have robust ITAR compliance programs.

•

Obtains export jurisdiction/classification for

some items on bill of materials.

•

Random checks on vendors/suppliers.

•

Moderate number of suppliers outside the

United States.

•

Use of vendors or suppliers that have a mix of

U.S. and non-U.S. locations.

•

Does not obtain export jurisdiction/classification

for anything in its bill of materials.

•

Does not vet vendors/suppliers.

•

Does not screen customers and other parties to

the transaction.

•

Heavy reliance on suppliers outside the United

States.

•

Use of vendors or suppliers that are unfamiliar

with the ITAR

of vendors or suppliers that have a mix of

U.S. and non-U.S. locations.

•

Does not obtain export jurisdiction/classification

for anything in its bill of materials.

•

Does not vet vendors/suppliers.

•

Does not screen customers and other parties to

the transaction.

•

Heavy reliance on suppliers outside the United

States.

•

Use of vendors or suppliers that are unfamiliar

with the ITAR.

•

Suppliers in ITAR § 126.1 countries.

•

Complex supply chain with multiple vendors and

suppliers in multiple countries involved in

producing a product or service.

•

Inconsistent records concerning vendors and

suppliers, including lack of updated approved

suppliers and vendors.

Shipping and Logistics

•

Only ships domestically.

•

Handles export controls and

documentation in-house

•

Export approval checks in place

•

Ships limited number of ITAR-regulated

products.

•

Ships/provides defense articles and defense

services overseas on occasion.

•

Relies heavily on freight forwarders to handle

export controls and documentation.

•

Has a mix of ITAR-regulated and non-ITAR-

regulated products.

•

Ships ITAR-regulated products to multiple

countries.

•

Relies entirely on freight forwarders to handle

export controls and documentation.

Human Resources

•

Strong processes in place to (1) determine

whether a potential employee is a foreign

person, (2) assess whether the position

requires access to ITAR-controlled

defense articles, including technical data,

and defense services, and (3) ensure the

required export authorizations or

•

Limited processes in place to (1) determine

whether a potential employee is a foreign

person, (2) assess whether a position requires

access to ITAR-controlled articles, technical

data and (3) ensure the required export

authorizations or technology control plans are

in place to prevent unauthorized exports

data,

and defense services, and (3) ensure the

required export authorizations or

•

Limited processes in place to (1) determine

whether a potential employee is a foreign

person, (2) assess whether a position requires

access to ITAR-controlled articles, technical

data and (3) ensure the required export

authorizations or technology control plans are

in place to prevent unauthorized exports.

•

No processes in place to (1) determine whether a

potential employee is a foreign person, (2) assess

whether a position requires access to ITAR-

controlled technical data and (3) ensure the

required export authorizations or technology

control plans are in place to prevent unauthorized

exports.

10

Organizational Function

LOW RISK

MEDIUM RISK

HIGH RISK

technology control plans are in place to

prevent unauthorized exports.

•

Thorough understanding of how the ITAR

defines a U.S. person.

•

Consistent process exists for vetting

citizenship status of all new hires.

•

Clear understanding of export licensing

requirements of employees at non-U.S.

locations.

•

General understanding of how the ITAR

defines U.S. person.

•

Inconsistent process for vetting citizenship

status of new hires.

•

Weak ITAR compliance processes and lack of

coordination with export controls in obtaining

licenses for foreign persons.

•

Limited understanding of how the ITAR defines

U.S. person.

•

No process exists for vetting the citizenship

status of new hires, or use of outside staffing

agencies to verify citizenship status of new hires.

•

Lacks proper vetting of nationality of employees

at non-U.S. locations.

Engineering/Research &

Development/Technical

Expertise

•

Engineering/technical work conducted in

the United States with only U.S. persons.

•

Strong engineering/technical expertise

involved in export jurisdiction and USML

classification determination process.

•

Export jurisdiction and USML

classification determination process in

place through lifecycle of development

n-U.S. locations.

Engineering/Research &

Development/Technical

Expertise

•

Engineering/technical work conducted in

the United States with only U.S. persons.

•

Strong engineering/technical expertise

involved in export jurisdiction and USML

classification determination process.

•

Export jurisdiction and USML

classification determination process in

place through lifecycle of development.

•

Research and development (R&D)

conducted in the United States only with

only U.S. persons.

•

Limited amount of development of new

technologies or products.

•

Occasional development of new technologies

or products outsourced to foreign persons.

•

Export jurisdiction and USML classification

determination process in place for end-item

post-development.

•

R&D conducted primarily in the United States

developed by foreign persons.

•

Develops new technologies or products often.

•

Outsources R&D.

•

No export jurisdiction and USML classification

determination process in place.

•

R&D at all levels with U.S. and foreign persons

collaborating.

Physical Security

•

Facilities have a process in place for

visitor access, including screening, export

analysis, badging, and IT access.

•

Processes are in place to prevent visitor

access to areas containing ITAR-

controlled inventory, including sensitive

technology or data.

•

Real-time electronic tracking systems for

ITAR-controlled inventory with check-

in/check-out process.

•

Training in place for physical security

personnel to understand where export

control compliance issues may arise.

•

Facilities have some processes in place for

visitor access, including screening, export

analysis, badging, and IT access.

•

ITAR-controlled inventory separated, but

areas not secured from access by visitors and

non-authorized personnel.

•

Tracking system in place for check-in/check-

out of ITAR-controlled inventory, but not

electronic and/or in real-time

l compliance issues may arise.

•

Facilities have some processes in place for

visitor access, including screening, export

analysis, badging, and IT access.

•

ITAR-controlled inventory separated, but

areas not secured from access by visitors and

non-authorized personnel.

•

Tracking system in place for check-in/check-

out of ITAR-controlled inventory, but not

electronic and/or in real-time.

•

Facilities lack processes in place for visitor

access, including screening, export analysis,

badging, and IT access.

•

No processes in place to prevent visitor access to

areas containing ITAR-controlled inventory,

including sensitive technology or data, or

inventory stored offsite.

•

Unsecured facility, room, and/or cage.

•

ITAR-controlled inventory not segregated in

storage facility.

•

Manual check-in/check-out process for visitors.

•

No tracking system in place for check in/check

out of ITAR-controlled inventory.

•

No training in place for physical security

personnel on export control compliance issues.

11

3. COMPLIANCE PROGRAM ELEMENT RISKS

Organizations should assess each element of an effective compliance program found in DDTC’s Compliance Program Guidelines to identify potential

gaps or vulnerabilities.

Compliance Program Element

LOW RISK

MEDIUM RISK

HIGH RISK

Management Commitment to

ITAR Compliance

•

An export compliance management

commitment statement widely

communicated to employees.

•

Senior management involved in and briefed

on ITAR compliance matters.

•

Culture of ITAR compliance in day-to-day

operations is highlighted within the

organization.

•

Sufficient resources and budget supporting

trade compliance (i.e., personnel, funds, IT).

•

Organization of the ITAR compliance

function appropriate for operations.

•

Management promotes consistent and

documented training on U.S. export control

laws and regulations.

•

Management commitment statement not

widely communicated to employees

ations is highlighted within the

organization.

•

Sufficient resources and budget supporting

trade compliance (i.e., personnel, funds, IT).

•

Organization of the ITAR compliance

function appropriate for operations.

•

Management promotes consistent and

documented training on U.S. export control

laws and regulations.

•

Management commitment statement not

widely communicated to employees.

•

Senior management generally aware of ITAR

compliance matters.

•

ITAR compliance staff and resources

insufficient for operations.

•

No management commitment statement.

•

Senior management unaware of ITAR

compliance matters or their importance.

•

Budget insufficient to support trade compliance

(i.e., personnel or IT resources), as needed.

•

No organization culture of ITAR compliance.

•

ITAR compliance processes are decentralized and

there are no clear reporting lines.

DDTC Registration, Export

Jurisdiction & USML

Classification, Authorizations,

& Other ITAR Activities

•

DDTC registration not required because the

organization does not manufacture, export,

broker, or temporarily import defense

articles and defense services.

•

Procedures in place to determine export

jurisdiction, if needed.

•

Strong cyber security and encryption

measures implemented. Reviewed regularly

by third party export control experts.

•

Have procedures to closely monitor and

manage export authorizations. Have a

process in place to monitor, track and

manage export authorizations. Dedicated

resources to export authorization

management.

•

Automated IT systems or processes in place.

•

Small number or occasional number of exports

require formal authorization or use of an

exemption.

•

DDTC registration submitted in a timely

manner and monitored to report material

changes properly.

•

Self-classify products only and rely on internal

ITAR expertise.

•

Export jurisdiction and USML classification

procedures are implemented only at the end of

the export cycle

in place.

•

Small number or occasional number of exports

require formal authorization or use of an

exemption.

•

DDTC registration submitted in a timely

manner and monitored to report material

changes properly.

•

Self-classify products only and rely on internal

ITAR expertise.

•

Export jurisdiction and USML classification

procedures are implemented only at the end of

the export cycle.

•

Limited policies and procedures on export

jurisdiction and USML classification.

•

No process for monitoring and managing export

authorizations.

•

Only manual tracking [of export authorizations]

performed.

•

No checks in place.

•

Regular export of defense articles and defense

services, including technical data, requiring a

license authorization or other authorization.

•

DDTC registration not monitored to report

material changes.

•

No policies or procedures in place to evaluate

export jurisdiction and USML classification or to

submit Commodity Jurisdiction requests when

appropriate.

•

No restricted party screening conducted.

12

Compliance Program Element

LOW RISK

MEDIUM RISK

HIGH RISK

•

Export jurisdiction and USML classification

procedures implemented and followed at all

stages, including research & development,

manufacturing, and exporting.

•

No brokering activities.

•

No political contributions, fees, and

commissions.

•

Regularly screen for restricted parties and

entities.

•

Cyber security and encryption measures

implemented.

•

Periodically monitor export authorizations.

•

Brokering activities.

•

No reporting of political contributions, fees, and

commissions.

•

Cyber security measures are weak.

Recordkeeping

•

Accurate and complete records are

maintained in a central location and

monitored.

•

Processes and procedures exist for

maintaining records.

•

Maintain most of the required records.

•

Records are stored in various locations

authorizations.

•

Brokering activities.

•

No reporting of political contributions, fees, and

commissions.

•

Cyber security measures are weak.

Recordkeeping

•

Accurate and complete records are

maintained in a central location and

monitored.

•

Processes and procedures exist for

maintaining records.

•

Maintain most of the required records.

•

Records are stored in various locations.

•

Processes and procedures exist for maintaining

records but not consistently followed

•

Records incomplete and difficult to locate and

obtain.

•

No processes and procedures exist for

maintaining records.

Detecting, Reporting, &

Disclosing ITAR Violations

•

Management actively encourages employees

to raise ITAR compliance concerns.

•

Policies and procedures in place for timely

submitting disclosures of potential ITAR

violations, including use of voluntary

disclosures, and investigating and

implementing corrective actions.

•

Employees raise ITAR compliance issues

without fear of retaliation.

•

Employees are not encouraged to raise ITAR

compliance concerns.

•

Policies and procedures in place for

notification of potential ITAR violations,

including use of voluntary disclosures, but are

not routinely followed.

•

Employees do not raise ITAR compliance

concerns out of fear of retaliation.

•

ITAR violations are not readily detected.

•

History of ITAR violations that have not been

disclosed to the relevant regulatory agency.

•

Management does not support submission of

voluntary disclosures.

•

No consequences exist for committing ITAR

violations.

Training

•

All employees, including new hires, and

contractors are required to complete

awareness training on U.S. export control

laws and regulations on a regular basis.

•

Job-specific training provided to functional

personnel and new hires on relevant ITAR

compliance topics.

•

Records of ITAR compliance trainings are

regularly maintained.

•

Annual general awareness training on U.S

Training

•

All employees, including new hires, and

contractors are required to complete

awareness training on U.S. export control

laws and regulations on a regular basis.

•

Job-specific training provided to functional

personnel and new hires on relevant ITAR

compliance topics.

•

Records of ITAR compliance trainings are

regularly maintained.

•

Annual general awareness training on U.S.

export control laws and regulations is provided

to all employees only once without refresher

training.

•

Training is not tailored nor provided to

functional personnel and new hires.

•

Records of ITAR compliance training is

spotty.

•

Limited training on U.S. export control laws and

regulations.

•

Training primarily provided to trade compliance

personnel and not on a regular basis.

•

Management does not provide ITAR compliance

training to employees.

•

Records of ITAR compliance training not

maintained.

Risk Assessment

•

Risk assessment for potential ITAR

violations performed regularly.

•

Risks for ITAR violations evaluated

regularly for improvements.

•

Risk assessment for potential ITAR violations

performed once.

•

Risk assessment for potential ITAR violations

never performed.

•

Unaware of high-risk areas.

13

Compliance Program Element

LOW RISK

MEDIUM RISK

HIGH RISK

Audits & Compliance

Monitoring

•

Regular audits conducted to ensure integrity

of compliance programs.

•

Follow through on findings and corrective

actions.

•

Ad hoc audits conducted on compliance

programs.

•

Findings and corrective actions are identified

but incomplete with little follow-through.

•

Limited or no audits conducted on compliance

programs.

•

No follow through on findings and corrective

actions.

ITAR Compliance Manual

•

Comprehensive ITAR compliance manual

exists, is published, and used for training

regularly.

•

Written policies and procedures on ITAR

compliance and updated as applicable.

•

Updates are communicated organization

wide as changes occur

ow-through.

•

Limited or no audits conducted on compliance

programs.

•

No follow through on findings and corrective

actions.

ITAR Compliance Manual

•

Comprehensive ITAR compliance manual

exists, is published, and used for training

regularly.

•

Written policies and procedures on ITAR

compliance and updated as applicable.

•

Updates are communicated organization

wide as changes occur.

•

ITAR compliance manual exists but is not

easily accessible.

•

Written policies and procedures on ITAR

compliance exist but are not updated very

often.

•

Some policies and procedures on ITAR

compliance are followed.

•

General awareness of policies and procedures

on ITAR compliance exists.

•

No ITAR compliance manual exists.

•

Policies and procedures for ITAR compliance

exist but are not implemented.

•

No policies and procedures for ITAR compliance

exist.

•

No training provided.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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