ITAR Compliant Asset Disposals

Media and Asset Disposal

ITAR compliance guidelines are very stringent making the disposal of media and assets tough to handle; especially if you don’t handle this type of work on a regular basis and may not understand what is required by law to proceed legally. 

Having the right equipment and “know how” is essential… to get the job done correctly.

When ITAR related assets cease to be of use for their original intended purpose, all the materials (covered by ITAR) need to be destroyed. If there is any possibility that the data can be recovered or materials can be reused/refurbished, Secure Hard Drive Destruction will make sure this cannot happen through the provision of end-to-end ITAR compliant disposal services.

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What is ITAR?

International Trafficking in Arms Regulations (ITAR) is the regulation that controls the manufacturing, sale and distribution (handling) of US Defense and space-related technologies (articles and services) as stated in the United States Munitions list (USML). 

Those who are involved with ITAR categorised articles and services must follow the stringent above mentioned set of regulations to be able to lawfully handle these technologies. These rules are enforceable by international law, and there are multiple prosecutions every year with regard to the mis-use of ITAR. 

ITAR includes weapons (in service and at end-of-life), military vehicles, any type of data holding hardware or computing systems (ICT components) that hold national secrets and any special materials or services used with US Government or military intellectual property (IP), and more. 

For compliance, it is mandatory to follow these regulations, to protect the security of the United States of America and their allies. 

Secure Hard Drive Destruction (SHDD) is accredited to handle ITAR and provides a secure environment appropriate for the destruction process required by ITAR. 

Our highly skilled and cleared personnel will handle your ITAR destruction needs with the highest level of security and care. We’re the Highly Classified disposal experts in Australia.

ITAR and Foreign Use

The Department of State, United States has a policy that requires voluntary disclosures associated with Foreign Military Sales (FMS) acquired equipment, and technical data in Australia should be submitted through the Commonwealth Department of Defence (DoD). Direct correspondence is not allowed between industry and the Office of Regional Security and Arms Transfer (RSAT) within the US Department of State. 

This particular policy is a reflection of the underlying principle of Section 3 of the US Arms Export Control Act (AECA). It imposes necessary approvals for transfers of, and access to, FMS acquired technology by third parties, on a country’s Government. 

 Contrarily, the Directorate of Defense Trade Controls (DDTC) in the US Department of State administers licences and voluntary disclosures associated with Direct Commercial Sales activities under the US International Traffic in ITAR. 

 ITAR also prohibits the “Retransfer” or “re-export” on the USML by foreign persons. Retransfer only happens when it is specifically authorised under the relevant export authorisation. 

 ITAR restrictions on “Retransfer” also mention the blocking of sales of assets from a country that purchased the assets from a country who are not allies of the United States. The country may be on the ‘no sales’ list because they are not a member of the “Allied Nations.” 

 This prohibition on “Retransfer” is seeded from a requirement which states that all technical data destruction or Defence services exported from the United States and any Defence article, which is made from such technical data or Defence service cannot be transferred to a third person or country. The Retransfer can only happen when it is specifically authorised, and with the prior written approval of the Department of State.

 It means when a foreigner wants to retransfer a USML item to another foreigner (like a subcontractor), both the parties must be authorised under the relevant export authorization:

When a foreign party wants to approach a USML item exported under a specific export authorisation, and if that foreign party is not authorised under export authorisation, it is mandatory to amend the export authorisation; and the U.S. Department of State must re-approve it. 

 

This process takes a lot of time!

SHDD destruction services are listed on the following Government Panels

1

Australian Government

 Department of Digital Transformation Agency (DTA) Hardware Market Place Panel

2

Department of Defence

Capability Acquisition Sustainment Group (CASG) Disposal Panel Member Scrap Metal

2

Department of Defence

Capability Acquisition Sustainment Group (CASG) Disposal Panel Member Major Fleets and Platforms

2

Department of Defence

Capability Acquisition Sustainment Group (CASG) Disposal Panel Member Explosive Ordinance (Free From Explosive)

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