Export Control Compliance Representations and Certifications

More and more these days, I see prime contractors requesting subcontractors to certify their compliance with the International Traffic in Arms Regulations in annual representations and certifications, requests for proposal, teaming agreements, and other documents. ITAR compliance is not a new requirement nor applicable only to defense contractors.  Rather, compliance with the ITAR is the responsibility of everyone whose activities are subject to the regulations. However, in the case of many subcontractors, the prime’s certification request often provides first notice of these requirements. The request normally comes with a demand for proof of the subcontractor’s registration with the Department of State as an exporter, manufacturer, or broker of ITAR defense articles, technical data or defense services. Although determining what type of registration is appropriate may be easy for some businesses with very limited operations, it is a complicated matter for most companies and the consequences of getting is wrong can be costly.