ITAR compliant Disposals

Media and Asset Disposal

Media and asset disposal may be a tricky area for items that are handled under the ITAR compliance guidelines.

ITAR related assets and media require the material to be destroyed and can no longer be used for its original intended use.

If there is a possibility for the materials to be refurbished and reused, Secure Hard Drive Destruction has an end-to-end service to make sure the environment is well in hand.

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What is ITAR?

International Trafficking in Arms Regulations (ITAR) control the way US defence-related technologies (articles and services) are handled; allowing those that need to handle these technologies a set of rules on how to handle them in accordance with ITAR regulations which are enforceable by law.

 

This includes anything with classified US Government intellectual property (IP), under which many and various types of items are included.

 

Including but not limited to end-of-life/service weapons, vehicles, any type of data holding hardware or computing systems (ICT components) and any special materials or services used with US government IP.

 

In order to be compliant, you must follow the regulations, ultimately protecting the security of the United States of America and their allies.

We help our customers meet the stringent requirements of secure disposals for small to major projects, protecting national security of vital information and assets at their end of life.  

With highly skilled security officers and cleared personnel, our knowledge, security certifications and endorsements are second to none – meeting the highest security disposal requirements in Australia. 

To be able to provide our end-to-end secure environment for all of your secure disposal requirements, we have: 

Secure Destruction Services

Secure Hard Drive Destruction (SHDD) provides an end-to-end secure disposal environment for highly classified ICT media & assets, ITAR, weapons, explosive ordnances (free from explosives) and systems from end-of-life Defence vehicles (Air/Sea/Land).

ITAR and foreign use

It is United States’ (US) Department of State policy that voluntary disclosures associated with Foreign Military Sales (FMS) acquired equipment and technical data in Australia should be submitted through the Commonwealth Department of Defence, rather than through direct correspondence between industry and the Office of Regional Security and Arms Transfer (RSAT) within the US Department of State. This policy reflects the underlying principle of Section 3 of the US Arms Export Control Act (AECA), which imposes the responsibility for obtaining the necessary approvals for transfers of, and access to, FMS acquired technology by third parties, on a country’s government. Conversely, licences and voluntary disclosures associated with Direct Commercial Sales activities under the US International Traffic In Arms Regulations (ITAR) are administered by the Directorate of Defense Trade Controls (DDTC) in the US Department of State.

 

ITAR also operates to prohibit the “Retransfer” (also called “Re-export”) of items on the USML by foreign persons unless the Retransfer is specifically authorized under the relevant export authorization.

 

ITAR’s restrictions on ‘retransfer’ blocks sales of assets from a country that has purchased them to another country which is not an ally of the United States. They may be on the “no sales” list of countries; because they are not part of the ‘allied nations’ and who do not uphold ITAR compliance guidelines.

 

The prohibition on Retransfer stems from the requirement for all export authorizations to include the statement that the technical data or Defence service exported from the United States in furtherance of this agreement and any Defence article which may be produced or manufactured from such technical data or Defence service may not be transferred to a person in a third country or to a national of a third country except as specifically authorized in this agreement unless the prior written approval of the Department of State has been obtained.

 

This means that if, for example, a foreign person wants to Retransfer a USML item to another foreign person (such as a subcontractor), both foreign persons must be authorized under the relevant export authorization:

Where a foreign person requires access to USML items exported under a specific export authorization, but that foreign person is not authorized under the export authorization, the export authorization must be amended and re-approved by the U.S. Department of State. This can be a time-consuming process.

Our destruction services are listed on these Commonwealth Government Panel:

Australian Government

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

Department of Defence

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

Department of Defence

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

Department of Defence

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