Which ITAR rules pertain to our organization?
One of the ITAR rules that penalize U.S. companies for breaches caused by their overseas subsidiaries where the U.S. government is critical of companies that have not implemented effective export compliance programs; and treats breaches of ITAR as a strict liability offence and will penalize a successor or purchaser of a company that has breached ITAR as though it was responsible for the breaches.
In response to these critical areas of ITAR export compliance such as overseas subsidiaries, export compliance program, and liability offence that penalizes a successor of a company. Our response to any future inquiries is as follows:
- Voracity, LLC is a U.S. based company with a majority of “U.S. persons” and is a separate entity from overseas subsidiaries.
- Our export compliance program defines a breach of export from a U.S. entity (Voracity, LLC), originating from U.S. person, to a foreign entity or foreign persons. For example, OneWeb and SpaceX, two of the largest satellite companies in the U.S. wanted to launch their satellites to the international market to provide global internet coverage, however ITAR export restrictions strictly prohibits the export of U.S. satellite technology. As a result, OneWeb had hundreds of their satellites manufactured in France and then sold these to the U.S., thereby being compliant as foreign export to U.S. import.
- Liability offences is a reality where interpretation can be misinterpreted from one management to the successor or purchaser of the company. At Voracity, LLC, the management team have had experience within the government system (DoD) and industry alike. We invite members from both parties in the public and private sectors to have meaningful discussions about the way forward benefiting the U.S. industry.
References: SBA. (n.d.), https://voracitys.com/wp-admin/post.php?post=7099&action=edit