What constitutes a re-export under ITAR?

A re-export under the International Traffic in Arms Regulations (ITAR) occurs when a defense article is transferred to a different end use, end user, or destination that has not received prior authorization. This means that if a company or entity that has received a defense article wants to send it to a different country or for a different purpose than what was originally authorized, this transfer qualifies as a re-export. Under ITAR regulations, all changes in the use or destination of defense articles must be reported and approved to maintain compliance and ensure that sensitive military technology does not fall into the wrong hands.

The other options describe activities that do not align with the definition of a re-export under ITAR. Exporting defense articles to allied nations does not automatically imply that those articles were initially intended for a different use or destination; rather, it can be part of a straightforward export process if properly authorized. Importing articles into the U.S. is also distinct from re-export, focusing on bringing materials into the country rather than transferring them elsewhere. Lastly, sending defense items for repair is typically categorized as a form of servicing rather than a re-export, provided that the repair is authorized under existing agreements. In essence, the specificity of the re-export definition is critical for maintaining the