Filing export information for ITAR shipments

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1. Every export is reported

Every export of a defense article controlled by the International Traffic in Arms Regulations (ITAR) requires electronic reporting of export information, including articles that only pass through the United States (22 CFR 123.22(a)). Reports go to Customs and Border Protection (CBP) through its electronic systems, or straight to the Directorate of Defense Trade Controls (DDTC), as appropriate. Before hardware leaves under a license or other authorization, the registered exporter, or an agent acting for it, must file the export information with CBP. All mandatory supporting documents, such as attachments, certifications and proof of filing like the Internal Transaction Number, must also be submitted electronically. Where electronic reporting is unavailable, CBP issues instructions.

Two practical points sit in the same paragraph. An export may leave through a port other than the one on the license if the exporter follows CBP’s procedures (22 CFR 123.22(a)(1)). When hardware moves between destinations on temporary licenses, the exporter must make sure CBP decrements both licenses to show the exit and the entry (22 CFR 123.22(a)(2)). The general exemptions that still need a filing are covered in congressional certification and general exemptions.

2. How far ahead

Hardware exports under a license or exemption must be filed with CBP ahead of departure (22 CFR 123.22(b)(1)). The deadline depends on the mode. Air and truck shipments must be filed at least 8 hours before departure (22 CFR 123.22(b)(1)(i)). Sea and rail shipments must be filed at least 24 hours before departure (22 CFR 123.22(b)(1)(ii)).

3. Emergency shipments

CBP may allow an emergency export of hardware by truck or air by a registered American person who cannot meet the normal deadline (22 CFR 123.22(b)(2)). The exporter must give CBP the required documents, including the shipment’s Internal Transaction Number and an explanation of the urgency. For air, the filing must be made at least two hours before departure. For ground, it must be made when the articles are handed to the carrier, or at least one hour before leaving the country.

The emergency route is limited (22 CFR 123.22(b)(2)). It applies only where the permanent export is authorized under section 126.4, or on a valid license whose ultimate recipient and end user is a foreign government.

4. Technical data and defense services

Exports under a DDTC authorization for technical data or defense services follow a different route (22 CFR 123.22(b)(3)). The registered exporter keeps the license or approval and reports export information electronically to DDTC. Before permanently exporting technical data under a technical data license, the applicant reports electronically to DDTC and self-validates the original license (22 CFR 123.22(b)(3)(i)). Copies of licensed data should be exported under existing exemptions, and if none applies, the applicant may ask for a new license.

Agreements work differently (22 CFR 123.22(b)(3)(ii)). Before the first export of technical data or defense services under a manufacturing license or technical assistance agreement, the agreement holder must tell DDTC electronically that exports have begun. Later exports need not be filed with DDTC unless they go through an American port. The exporter must keep records of all later exports of technical data and produce them at once if DDTC asks. How these agreements work is covered in what a defense services agreement is.

Technical data exported under an exemption from an American port must also be reported to DDTC electronically, and a copy of the notice must travel with the shipment for CBP to see on request (22 CFR 123.22(b)(3)(iii)). The regulation reminds exporters to keep records of all export transactions, including exempt shipments.

5. What happens to the license

Return rules depend on how the license was issued and used (22 CFR 123.22(c)). A license issued electronically and decremented electronically by CBP need not be returned to DDTC, but the applicant must keep a copy under the record keeping rule in section 122.5 (22 CFR 123.22(c)(1)). A license not decremented by CBP, such as one for oral or visual releases of technical data, is also kept by the applicant (22 CFR 123.22(c)(2)).

Unused licenses need not be returned, even after they expire (22 CFR 123.22(c)(3)). A license revoked by DDTC counts as expired and is kept by the applicant under the first two return rules (22 CFR 123.22(c)(4)). The record keeping rule in section 122.5 is covered in registering as a manufacturer or exporter.

6. Shipments by mail

Hardware may be exported by the United States Postal Service under a license or exemption (22 CFR 123.24(a)). The export must be filed with CBP, and any license filed with CBP, before the hardware is mailed. The package must be clearly marked as subject to the ITAR, naming the exemption section or license number, and stating that the export has been filed electronically with CBP.

Technical data mailed under a license must be notified electronically to DDTC (22 CFR 123.24(b)). Whether under a license or an exemption, the package must be marked as subject to the ITAR with the exemption or license number. For licensed data, it must also state that the export has been notified electronically to DDTC. The license goes back to DDTC once it has been used up, under the return rules in section 123.22(c).

7. Moves that need no license

Some movements need no license at all. Foreign trade zones and customs bonded warehouses in the United States count as part of the country, so no export license is needed to ship between them and the rest of the United States (22 CFR 123.6). Classified articles still follow the National Industrial Security Program Operating Manual. Shipping Munitions List articles out of a zone or warehouse to a foreign country always needs a license, however they got there.

No license is needed to ship defense articles between the United States, Puerto Rico and American possessions, though exports from them to foreign countries need one (22 CFR 123.12). Nor is one needed to fly a defense article between two places in the United States by way of a foreign country (22 CFR 123.13).

Key terms

Export information	The electronic report filed with CBP or DDTC for every ITAR export.
Internal Transaction Number	The number proving a filing was made in CBP’s system.
Decrementing	CBP’s electronic recording of shipments against a license.
Self-validation	The exporter’s own validation of a technical data license when exporting.
Emergency shipment	A truck or air export allowed a shorter filing deadline in limited cases.

Every statement above links to the document behind it. The full source list for this piece is on the sources page.

This page describes public United States government programs for general information. It is not legal, regulatory or procurement advice, and it does not address the facts of any particular case.

How Sentfore supports this

Filing deadlines shape every movement plan for controlled cargo. Sentfore works at the delivery end of defense programs in difficult environments, providing secure movement, protective security, facilities and life support. Requirements can be sent through the contact page.