Export Control Policy

The United States imposes export controls and sanctions to protect national security interests and promote foreign policy objectives. Through the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR), the United States controls the manufacture, sale, and distribution of products and services. It is the responsibility of all Ampwave Defense customers and employees to comply with export laws and regulations. Ampwave Defense takes export control very seriously and asks that our customers help safeguard our technology, products, and services by abiding by all federal laws and regulations.

All products manufactured, sold, and distributed by Ampwave Defense are controlled by either the EAR or the ITAR and must be handled accordingly. If you have any questions about which regulations control the item you wish to purchase, you may contact the Export Control Office for clarification or request assistance from Ampwave Defense Customer Support using the “Request for Information” button on our website.

Below is basic information about export control laws in the United States. Remember, you are also responsible for compliance with ITAR and/or EAR regulations.

International Traffic in Arms Regulations (ITAR)

The ITAR, 22 C.F.R. Parts 120–130, are administered by the Department of State’s Office of Defense Trade Controls under the authority of Section 38 of the Arms Export Control Act. The ITAR regulates exports and re-exports of U.S.-origin defense articles (including items and technical data) and defense services, as specified by category on the U.S. Munitions List (USML) (ITAR Part 121). The ITAR also regulates temporary imports of defense articles into the United States.

An item generally will be designated as a defense article if it is specifically designed or modified for military application or has significant military or intelligence applicability requiring its control as a defense item. Items subject to ITAR jurisdiction require a specific license (an export license) for export to all countries.

See International Traffic in Arms Regulations for more information.

What is an Export?

Any item that is sent from the United States to a foreign destination or foreign person is an export. “Items” include commodities, software, or technology. How an item is transported outside of the United States does not matter in determining export license requirements. For example, an item can be sent by regular mail or hand-carried on an airplane. A set of schematics can be sent via facsimile to a foreign destination, software can be uploaded to or downloaded from an internet site, or technology can be transmitted via email or during a telephone conversation.

Regardless of the method used for the transfer, the transaction is considered an export for export control purposes. An item is also considered an export even if it is leaving the United States temporarily, if it is leaving the United States but is not for sale (for example, a gift), or if it is going to a wholly owned U.S. subsidiary in a foreign country. Even a foreign-origin item exported from the United States, transmitted, or transshipped through the United States, or returned from the United States to its foreign country of origin is considered an export.

Finally, the release of technology or source code subject to the EAR or ITAR to a foreign national in the United States is deemed to be an export to the home country of the foreign national under the EAR or ITAR.

What are my responsibilities?

When you purchase a product from Ampwave Defense and wish to export it to either a foreign destination or foreign person, you must first obtain the proper export classification to determine which regulation controls the item. You may request this information by contacting either your Ampwave Defense sales representative or the Export Control Office.

After you receive the proper export classification, you can apply for an export license if one is required. Once you have approval from either the Department of State (ITAR) or the Department of Commerce (EAR), you may export or leave the country with your controlled items.