Export/ITAR

Our gun business lawyers also have expertise advising firearms industry businesses on their obligations to register with the U.S. State Department’s under its International Traffic in Arms Regulations (“ITAR”). 

Many companies do not realize that they are obligated to register under ITAR, even if they do not import or export products and even if they manufacture products that have only an indirect application in the arms and munitions industries.  For example, ITAR (22 C.F.R. Part 121.1) covers :  

(j) All other components, parts, accessories, attachments and associated equipment specifically designed or modified for the articles in paragraphs (a) through (i) of this category. This includes but is not limited to mounts and carriages for the articles controlled in this category.   This means that manufacturers of firearms components, including scopes, barrel tuners, etc. must register under ITAR.  

(k) Technical data (as defined in §120.10 of this subchapter) and defense services (as defined in §120.9 of this subchapter) directly related to the defense articles described in paragraphs (a) through (j) of this category. Technical data directly related to the manufacture or production of any defense articles described elsewhere in this category that are designated as Significant Military Equipment (SME) shall itself be designated SME.  This means that software developers and designers who design firearms or other defense articles must register under ITAR 

ITAR compliance is essential and the failure to properly register can result in significant fines and penalties and impede contracts with the government and private customers and vendors.  

Our gun business lawyers regularly petition ATF, TTB, and the State Department for determinations regarding our clients’ compliance obligations.  That process allows us to determine exactly what those compliance obligations are, avoiding confusion and unnecessary administrative burden and expense.   Once we definitively determine that ITAR registration is required, our gun business lawyers will assist clients with the confusing and complicated registration process.

Our firm prices legal services competitively and is flexible with fee arrangements.  We work with clients to identify the cost of the services they need (tailoring that cost to the relative complexity of services) and identify the best fee arrangement for the client.