At the end of November 2021 DDTC published frequently asked questions (FAQs) related to voluntary disclosures.
Of particular note in the FAQs was information on when a disclosure is required for a violation. Disclosures are required in certain cases involving (1) countries listed in ITAR § 126.1 (see ITAR §§ 126.1(e)(2), 126.16(h)(8), and 126.17(h)(8)), and (2) unreturned temporary exports of personal protective gear (see ITAR § 123.17(j)). Failure to disclose in such cases may itself constitute a violation of the ITAR.
For all other violations, DDTC strongly encourages voluntary disclosure pursuant to ITAR § 127.12 by the party that may have committed a violation. DDTC may consider a voluntary disclosure a mitigating factor in determining the administrative penalty, if any, that should be imposed. Failure to disclose a violation may result in circumstances detrimental to U.S. national security and foreign policy interests and will be an adverse factor in determining the appropriate disposition of the violation. DDTC views voluntary disclosures as a positive step toward improving ITAR compliance.
Please reach out to us if you have any questions on a potential violation or disclosure to DDTC.
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