![]() ![]() Government in the form of export licenses. Foreign nationals, even students, are not permitted to work on or have access to any ITAR controlled UAS (including all associated hardware, software, and technical data) without explicit authorization from the U.S. Items controlled under the USML are subject to strict restrictions on export to foreign countries and access by foreign nationals. “Military” in this respect is a UAS that was designed to military or intelligence specifications, designed for a military application, or that may be classified or controlled for national security purposes. The International Traffic in Arms Regulations ( ITAR) have specific controls and regulations on both unarmed and armed military UAS. Department of State Regulations (ITAR) and UAS Classification Both sets of regulations trigger foreign national access and use restrictions with respect to the equipment as well as related software and technology (information) however, as outlined below, access thresholds differ significantly depending on whether the item is ITAR versus EAR controlled. UASs which are civil by design intent, but with capabilities that could inherently be useful for defense purposes, will generally be controlled under the EAR. UASs which are specifically designed for a defense purpose-regardless of their intended use at FIU-will usually be controlled under the ITAR. Many UASs are export controlled under either the Export Administration Regulations (EAR) governed by the Department of Commerce, or the International Traffic in Arms Regulations (ITAR) governed by the Department of State. Different UAS abilities will cause the hardware, software, and technical information associated with the UAS to be controlled by government regulatory regimes. Almost all UAS are subject to some form of export control, even if the UAV/UAS is for research or non-commercial use. They are considered a “dual-use” item: a commodity that can be used for both military/strategic and commercial/civilian purposes. Unmanned aerial systems (UAS) and unmanned aerial vehicles (UAV) (collectively, “UASs”) have the potential to use some of the most high-profile and highly controlled technologies currently in use.
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