INTERNATIONAL TRAFFIC in ARMS REGULATIONS (ITAR) Appreciation for Senior Executives - IIEI-312

Course Description: This course was developed with input from government and industry experts in response to stepped up ITAR enforcement practices and the need for corporate mangers to be aware of this changing regulatory environment and the risk it poses.

This three-week course is for senior executives whose organization's products, services or technical data are regulated by the International Traffic in Arms Regulations (ITAR) [22 Code of Federal Regulations (CFR) 120-130] as administered by the U.S. Department of State, Directorate of Defense Trade Controls. (DDTC).  This high-level course is not intended for senior compliance officers or administrators who should instead take:  Understanding the ITAR (IIEI-306).

The focus of this course is on providing a general understanding of the broad issues and problem sets that complying with the ITAR pose for company executives responsible for overseeing and managing business operations in a competitive, demanding and dynamic global marketplace.  Causes and consequences of ITAR violations are explored and proactive measures and policies are considered for complying with the regulations and mitigating liabilities and risks associated with non-compliance.  Case studies relevant to  class participants are analyzed for lessons learned and preventive strategies that can be adopted to avoid ITAR violations and enforcement scrutiny.

This course is offered with a PASS/ FAIL grade only.  It may be audited only with prior approval from the IIEI.

Prerequisite: None

Course Credit: 5 IIEI CEUs ONLY

Major Course Topics & Course Outcomes

As a result of the group and individual activities included in this course, the student will acquire the following knowledge and skills that can be applied to the workplace:

Introduction - ITAR Overview

• To understand the background, purpose and reasons why the ITAR exists.
• To form a basic understanding of how the ITAR are organized and enforced.
• To know Section 38 – Arms Export Control Act [22 Code (USC) 2778]
• To appreciate how ITAR was created

ITAR and Shareholder Value

• To understand how ITAR violations can adversely impact shareholder value.

Government Role

• To understand the export controls jurisdictional roles of the US Government (USG) departments and agencies [Departments of Commerce, Defense, Homeland Security, State and Treasury (including the Office of Foreign Assets Control).
• To know how the Foreign Corrupt Practices Act applies to ITAR relation exports: Part 130

ITAR Sections 120-130

• To understand the structure and essential requirements of the ITAR.
• To know the most common ITAR violations and their causes.
• To examine relevant case studies of ITAR enforcement actions and the criminal and civil penalties imposed
• To comprehend the policies and procedures for investigating ITAR violations and the use of "voluntary disclosures" to the USG.
• To understand the full range of sanctions and other consequences that can result from non-compliance.
• To assess effective preventative strategies to minimize personal and business risks and liabilities under the ITAR.

Proactive Company Policies to Support ITAR Compliance

• To know the steps to build an ITAR "compliant" organization.
• To understand ITAR related ethics and Code-of-Conduct issues.

World Class ITAR Compliance Programs

• To appreciate recommended industry "Best Practices."
• To appreciate recommended State Department "Best Practices."
• To know the major components of a "World Class" ITAR Compliance Program.

 

Course Materials:

There are five required readings for this course.  You can obtain them through your favorite bookstore, via the Internet, online from the USG Printing Office or order them through the IIEI Store Online. 

• The ITAR
• Section 38  - Arms Export Control Act (22 US Code 2778) The Nunn-Wolfowitz Task Force Report:  Industry "Best Practices" Regarding Export Compliance Programs at http://www.kingandspalding.com/library/pdf/nunnwolfowitz.pdf
• The US State Department's Guidelines for DTC Registered Exporters/Manufacturers Compliance Programs at http://www.pmdtc.org/docs/Compliance_Programs.pdf.
• Selected Readings:  ITAR (Only available from IIEI Store Online.)
• Foreign Corrupt Practices Act http://www.usdoj.gov/criminal/fraud/fcpa.html.
• Other assigned readings may be added by the Instructor.

 

Please note that textbooks are subject to change. Please contact your advisor before purchasing the textbook for your class to confirm.