ITAR-Training Restrictions

ITAR is an acronym that stands for International Traffic in Arms Regulations (22 CFR §§120-130) that are administered by the U.S. Department of State through the Directorate of Defense Trade Controls (DDTC) under authority of the Arms Export Control Act (22 USC §2778). ITAR places strict controls on the export of "defense articles" and "defense services." Defense articles include any item, software, or technical data on the United States Munitions List (USML). Defense services include the furnishing of assistance (including training) to foreign persons, whether or not in the United States, with respect to defense articles, and the furnishing of any technical data associated with a defense article. Any defense article, service, or related technical data found to be on the USML requires an export license to be exported, i.e., given to a foreign person, whether or not in the United States.

Defense Service:

1. The furnishing of assistance (including training) to foreign persons, whether in the United

States or abroad in the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, demilitarization, destruction, processing or use of defense articles.

2. The furnishing to foreign persons of any technical data controlled on the USML (see 22 CFR §120.10), whether in the United States or abroad; or

3. Military training of foreign units and forces, regular and irregular, including formal or

informal instruction of foreign persons in the United States or abroad or by correspondence courses, technical, educational, or information publications and media of all kinds, training aid, orientation, training exercise, and military advice. (See also 22 CFR §124.1.)

 

ITAR references training. Apparently, they do make a distinction between weapons-handling and tactics, but the tolerance for the kind of State Department scrutiny of that difference might represent is going to vary from course to course. I'd recommend the OP start calling around. I'd probably start with MagPul or one of the other big-name courses that might be more likely to have dealt with training foreign nationals. Might be some paperwork involved.

FOREIGN NATIONAL, NON-IMMIGRANT ALIEN, AND PERMANENT RESIDENT ALIENS GUIDELINES

In order to Shoot on the indoor range at Threat Dynamics and you are not a US Citizen you must read and meet the following:

 

Who is a nonimmigrant alien?

 

A nonimmigrant alien is an alien in the United States in a nonimmigrant classification as defined by section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15). Generally, "nonimmigrant aliens" are tourists, students, business travelers, and temporary workers who enter the U.S. for fixed periods of time; they are lawfully admitted aliens who are not lawful permanent residents.

 

[27 CFR 478.11]

 

Last Reviewed September 15, 2015

 

Non-immigrant aliens are prohibited from receiving or possessing firearms and ammunition while in the United States unless they are a citizen or national of the Visa Waiver Program (below) or meet any ONE of the below listed exceptions in section 922(y)(2) of the GCA.

 

CAN AN ALIEN WHO ENTERS THE UNITED STATES ON A NONIMMIGRANT ALIEN VISA RENT A FIREARM FOR LAWFUL HUNTING OR SPORTING PURPOSES WHILE IN THE UNITED STATES?

A nonimmigrant alien that possess a valid hunting license from a State within the United States or falls within any of the other exceptions or exemptions that allow nonimmigrant aliens to possess firearms may rent firearms to hunt or to use at a shooting range.

 

[18 U.S.C. 922(a)(5) and (9), 922(g)(5)(B) and 922(y); 27 CFR 478.99(a) and (c)(5)]

 

Last Reviewed September 15, 2015

 

Q3. May a nonimmigrant alien who has been admitted to the United States under a nonimmigrant alien visa purchase or possess a firearm in the U.S.?

 

 A3. An alien admitted to the United States under a nonimmigrant visa is not prohibited from purchasing, receiving, or possessing a firearm if the alien falls within one of the following exceptions:

 

(1)      is in possession of a hunting license or permit lawfully issued by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and unexpired;  The hunting license does not have to be from the State of Oregon.

Hunters License:   Below is a link to obtain a hunting license:          
https://secure.utah.gov/hflo/main/serv2/index.html?server=serv2

(2) was admitted to the United States for lawful hunting or sporting purposes.

(3) has received a waiver from the prohibition from the Attorney General of the United States.

(4) is an official representative of a foreign government who is accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States.

(5) is enroute to or from another country to which that alien is accredited.

(6) is an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; or

(7) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business.

** https://www.atf.gov/file/61841/download

 

Nonimmigrant aliens lawfully admitted to the United States without a visa (e.g. Visa Waiver Program), will not be prohibited from shipping, transporting, receiving, or possessing firearms or ammunition, provided that they meet State of residency requirements and are not otherwise prohibited from shipping, transporting, receiving, or possessing firearms. Canada and Mexico are exempt from this requirement.

 

CITIZEN OR NATIONAL OF VISA WAIVER PROGRAM DESIGNATED COUNTRY*

Citizens or nationals of the following countries* are currently eligible to travel to the United States under the VWP.

Unless citizens of one of these countries are also a national of Iraq, Iran, Syria, or Sudan.

ANDORRA

AUSTRALIA

AUSTRIA

BELGIUM

BRUNEI

CHILE

CZECH REPUBLIC

DENMARK

ESTONIA

FINLAND

FRANCE

GERMANY

GREECE

HUNGARY

ICELAND

IRELAND

ITALY

JAPAN

LATVIA

LIECHTENSTEIN

LITHUANIA

LUXEMBOURG

MALTA

MONACO

NETHERLANDS

NEW ZEALAND

NORWAY

PORTUGAL

SAN MARINO

SINGAPORE

SLOVAKIA

SLOVENIA

SOUTH KOREA

SPAIN

SWEDEN

SWITZERLAND

TAIWAN*

UNITED KINGDOM**

**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

A penalty for violation of this federal law is imprisonment of 5-10 years per occurrence.

**With respect to all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]whenever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1). Accordingly, all references to “country” or “countries” in the Visa Waiver Program authorizing legislation, Section 217 of the Immigration and Nationality Act, 8 U.S.C. 1187, are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.

*British citizens only with the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of Man.

http://weexportguns.com/dsp-83-instructions-and-dsp-83-form/