ITAR Agreement and Legal INFO

 International Traffic in Arms Regulations (ITAR):

ITAR is an acronym for International Traffic in Arms Regulations (22 CFR, Parts 120-130) which covers the export of defense articles. Defense articles are defined by ITAR § 120.3 as any article (item) that is specifically designed, developed, configured, adapted, or modified for a military application. In designating an article as a defense article, DDTC evaluates if the article has any predominant civil applications and if there exists a performance equivalent in the civilian sector. Once DDTC designates an item as a defense article it is placed on a list named the U.S. Munitions List (USML) which is maintained by DDTC.

With this in mind, some of the items on this website are subject to the ITAR, and export is strictly prohibited without authorization or a license issued by the U.S. Department of State’s Directorate of Defense Trade Controls. By proceeding with a transaction to purchase any ITAR restricted item, the Customer certifies that (i) the purchase does not require Thermal Optics Plus to export such items, unless Thermal Optics Plus is aware of the export and has obtained the appropriate U.S. Government authorization; (ii) the Customer does not intend to export such items after receipt from Thermal Optics Plus without the appropriate U.S. Government export authorization; (iii) the Customer does not intend to export, transfer, sell, or furnish the item to any foreign person, whether abroad or in the U.S., including any Foreign Embassy in the U.S., without the appropriate U.S. Government export authorization; (iv) the Customer understands that a foreign person under the ITAR § 120.16 means “any natural person who is not a lawful permanent resident as defined by 8 U.S.C. § 1101(a)(20) or who is not a protected individual as defined by 8 U.S.C. § 1324b(a)(3),” and can mean “any foreign corporation, business association, trust, society, or any other entity or group that is not incorporated or organized to do business in the U.S., as well as international organizations, foreign governments, and any agency or subdivisions of government (e.g. diplomatic missions)” (See ITAR § 120.16); (v) the Customer is a U.S. Person as defined by ITAR § 120.15, meaning the Customer is a lawful permanent resident of the U.S., as defined by 8 U.S.C. § 1101(a)(20), or is a protected individual as defined by 8 U.S.C. § 1324b(a)(3), or is a “corporation, business association, partnership, society, trust, or any other entity, organization or group that is incorporated to do business in the U.S., or is a governmental (federal, state, or local) entity” (See ITAR § 120.15).