Violations and Penalties

Four pieces on parts 127 and 128 of the International Traffic in Arms Regulations: the unlawful acts and the powers of customs officers, criminal and civil penalties with debarment and the presumption of denial, the voluntary disclosure policy, and the administrative procedure from charging letter to appeal.

← All Insights

Four pieces in this topic

What counts as an export violation

Attempts, conspiracies and breached license terms are violations under ITAR part 127, a license holder answers for its agents abroad, and a conveyance used in an unlawful export can be forfeited.

Penalties, debarment and the presumption of denial

Civil penalties reach the greater of $1,271,078 or twice the transaction value per violation, debarment generally runs three years, and approvals involving convicted persons face a presumption of denial.

The voluntary disclosure policy

A voluntary disclosure may mitigate ITAR penalties if it reaches the Directorate first with senior management behind it, and the full disclosure must follow an initial notice within 60 days.

How an export enforcement case is heard

An ITAR part 128 case starts with a charging letter, needs an answer within 30 days, is heard by an Administrative Law Judge (ALJ), and a settled case cannot be reopened or appealed.

Key terms in this topic

Export control document Ineligible person One occasion rule Forfeiture Administrative debarment Statutory debarment Presumption of denial Civil penalty Voluntary disclosure Initial notification Mitigating factor Empowered official Charging letter Administrative Law Judge Consent order Probationary period