The export of REDCOM products is regulated by the US Department of Commerce and the US Department of State

The export of REDCOM’s products is subject to regulations established by the US Department of Commerce and the US Department of State. The regulations set forth by the Department of Commerce are called the Export Administration Regulations1 (EAR) and those set forth by the Department of State are called the International Traffic in Arms Regulations2(ITAR). If a product is considered a Defense Article pursuant to the US Munitions List3 (USML) which is part of the ITAR, the ITAR applies; if not, the EAR applies.

EAR Export Controls

Most of REDCOM’s products are export controlled under the EAR under classifications 5A002, 5D002, 5A991, 5D991, 5A992, 5D992, or EAR99. This is important to know if you are actively engaged in any exporting activity. In most situations involving REDCOM products, you can use an “export license exception” to avoid the need to obtain an export license. In the infrequent situations where an export license is required, you apply to the US Department of Commerce for this license. Note: there is no pre-registration requirement. For more information on the EAR, refer to the web site at: http://www.bis.doc.gov

ITAR Export Controls

A select few REDCOM products are export controlled under the ITAR under Category XIII of the USML. For these products, the matter is more complicated. Some considerations that apply:

  • In order to export an item, you must either use a license exemption or apply for an export license from the US Department of State. In either case, you must first be registered with the US State Department and have an ITAR export compliance program in place.
  • If you manufacture a system which contains an ITAR-controlled element, the resulting system becomes export controlled under the ITAR and you are considered a “manufacturer” of a “Defense Article.” To export a Defense Article4 requires one to first be registered with the US State Department and have an ITAR export compliance program in place.
  • Even if there is no intention of exporting, all “manufacturers” of “Defense Articles” (including systems which contain REDCOM elements which are themselves Defense Articles), must5 be registered with the US State Department and have an ITAR export compliance program in place.
  • One of the requirements for handling a Defense Article on the USML is that you must have methods and procedures in place to prevent persons (including your own employees) who are not either a US Citizen or a Permanent Resident of the United States from being exposed to ITAR-controlled Defense Articles or Technical Data6 related to an ITAR-controlled Defense Article. This is because their exposure to an ITAR-controlled item or technical data, even in the United States, constitutes an export.

For more information on the ITAR, refer to the web site at: http://www.pmddtc.state.gov

Further Information

REDCOM is registered with the US Department of State’s Directorate of Defense Trade Controls under the ITAR as a manufacturer and exporter of Defense Articles. REDCOM’s current registration is valid through 7/31/2019; REDCOM routinely renews this on an annual basis. For questions about REDCOM products and the applicable export control laws and regulations, please contact REDCOM at: exportcompliance@redcom.com

Click here to download REDCOM’s Export Compliance PDF

Footnotes

1 15 CFR 730 to 774

2 22 CFR 120 to 130

3 22 CFR 121.1 is the location where the USML is codified

4 22 CFR 120.6 defines Defense Article

5 22 CFR 122.1 codifies the registration requirement for manufacturers of Defense Articles, even absent an intention to export.

6 22 CFR 120.10 defines Technical Data. Loosely defined, Technical Data is anything more complicated than standard marketing literature. Technical Data includes engineering drawings and software; it also includes operations manuals.


ITAR Registration

Most of REDCOM’s products are export-controlled under the EAR, administered by the US Department of Commerce. For general information on the EAR, refer to http://www.bis.doc.gov.

ITAR Export Controls

A select few REDCOM products, called “Defense Articles,” are export-controlled under the ITAR, administered by the US State Department. For general information on the ITAR, refer to http://www.pmddtc.state.gov.

Companies that manufacture Defense Articles, including systems containing Defense Articles, and specially designed components of Defense Articles must be registered with the US State Department, even if they have no intention of exporting.

The ITAR regulations are complex. One important part of them defines exposure of technical data related to Defense Articles, such as operating manuals, training material, manufacturing drawings, etc. to foreign nationals, even in the United States, to be an export, which may require a US State Department export license.

ITAR Registration Information Requested

REDCOM, like many manufacturers of Defense Articles, maintains records related to export classifications of its components and finished products, as well as ITAR registration information of those suppliers which manufacture specially designed components of REDCOM’s Defense Articles, and those customers of REDCOM’s Defense Articles. If you have been advised that you fall into one of these groups, please fill out the following form. You will be requested to re-file this form when your annual ITAR registration comes up for renewal. We thank you in advance for your cooperation. If you need assistance with this form, please contact exportcompliance@redcom.com or call +1 (585) 924 6576.

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