ITAR-02Edition 1.0 · November 2026
ITAR Reexports & Retransfers
Moving ITAR items on, from outside the US
A step-by-step method for non-US companies to decide whether a defense article or technical data can move to a new end user, end use or destination — approval, §123.9(e) and its notice, and the file behind it.
What this guide settles
- A reexport is a move between foreign countries, including a deemed reexport of technical data; a retransfer is a change of end user or end use, or a temporary transfer to a third party, in the same country
- Prior written DDTC approval comes first, unless an exemption or authorization expressly allows the move; a request needs licence-level documentation
- US-origin components in a foreign defense article stay controlled; §123.9(e) covers only listed government recipients, on conditions, with a written notice to DDTC within 30 days
- A site change within the same entity is not by itself a retransfer — but the authorization may limit locations
What you get
- The guide: explanations, method, conditions and limits
- Worked examples: common moves and their usual path, the §123.9(c) request, the §123.9(e) conditions, the BAE Systems 2026 case commented and ten pitfalls
- Tools printed in the guide: four templates and a readiness check
- Sources with section references and their verification date
- Revisions included for 12 months
Printed tools: T1 · Move and history sheet · T2 · Path selection · T3 · Request and notice file · T4 · Execution record and review triggers · Readiness check
Contents
- Before you start: scope and limits
- Why onward moves are risky
- The rule in one page
- The request and the exemption
- The method in six steps
- Templates T1 to T4
- Ten pitfalls
- Case study: BAE Systems, Inc., 2026
- Readiness check
What it does not cover
- Treaty and AUKUS exemptions
- Releases to dual and third-country national employees
- Changes to agreements
Assumed knowledge. Knowing that the item is a defense article on the USML, and how to read the licence behind it.
Sample pages
Open an image for the full-size page.
Where it connects
Reading a DSP-5
Reading a DSP-5 shows what the licence allows; ITAR Reexports & Retransfers handles any move beyond it.
SUP-05Missing Licenses
Missing Licenses establishes what can be proved about how the items arrived; ITAR Reexports & Retransfers builds today’s request on that conclusion.
SUP-03End-User Certificates
End-User Certificates covers the undertaking you sign; ITAR Reexports & Retransfers covers the approval you need when you want to go beyond it.
ITAR-03TAA for Foreign Parties
Reexports & Retransfers handles moves outside an authorization; TAA for Foreign Parties keeps transfers inside an agreement.
ITAR-06Managing Changes
Reexports & Retransfers covers a proposed transfer; Managing Changes covers changes to the authorised arrangement.
ITAR-08FMS Third-Party Transfers
Reexports & Retransfers covers items bought commercially, through DDTC; FMS Third-Party Transfers covers items bought through FMS, through the State Department’s PM/RSAT.
ITAR-07ITAR Exemptions
Reexports & Retransfers covers approvals and §123.9(e); ITAR Exemptions tests the exemptions that need no approval at all.
Part of a collection
ITAR Reexports & Retransfers is one of the eight guides of ITAR: Licenses, Agreements & Transfers (Understand the Rules), available together at €390 instead of €89 each.