ITT Night Vision Debarment: Information for Exporters
This notice explains the Department’s policy regarding exports by or involving ITT Night Vision Division.
On March 28, 2007, in the United States District Court for the Western District of Virginia, ITT Corporation pled guilty to violations of the Arms Export Control Act. On April 11, 2007, the Department published a Federal Register notice regarding this conviction and the resulting statutory debarment of ITT Corporation. That notice stated that the Department had granted exceptions to this debarment. This notice is intended to provide some additional information.
Scope of the Debarment
- The debarment is applicable to ITT Night Vision Division. The Department has excluded from the debarment all other ITT business units.
Existing approvals
- All licenses and other approvals granted prior to March 28 where ITT was not the applicant are still valid.
- Most licenses and other approvals granted prior to March 28 where ITT was the applicant are also still valid with the exceptions noted below.
- The Department revoked certain specified export authorizations held by ITT Night Vision Division. ITT Night Vision Division has been notified of this action and has informed the Department that it has advised the relevant parties of the Department’s revocation of such authorizations.
Exemptions
- ITT has been informed of certain limitations on its use of exemptions.
New Approvals
- New export authorizations requested by or involving ITT Night Vision Division are subject to the debarment and a policy of denial will be applied, with the exceptions described below.
- The Department has granted exceptions to the debarment for:
- Authorization requests for exports in support of U.S. Government contracts or U.S. Government end-use.
- Authorization requests for exports in support of our coalition partners or to otherwise support the Global War on Terror.
Authorization requests for these areas will be reviewed on the normal case-by-case basis.
- The Department anticipates that there may be other export transactions that meet the criteria for granting such exceptions (e.g., certain authorization requests for end-use by NATO and Major Non-NATO Allies and certain foreign law enforcement activities). Exporters wishing to apply for exceptions, known as “Transaction Exceptions” (TE), should note this request in their application letter and provide relevant justification.
Criteria for Transaction Exceptions
Exceptions, known as transaction exceptions, may be granted with respect to this debarment on a case-by-case basis if the export would further
- overriding U.S. foreign policy or national security interests,
- law enforcement interests that are consistent with foreign policy or national security interests of the United States, or
- other compelling interests that are consistent with the foreign policy or national security interests of the United States
Special Guidance for Exporters of Defense Articles Procured from ITT Night Vision Division
- Persons who procured ITT NVD defense articles prior to the date of statutory debarment:
- With the exceptions noted above, existing authorizations issued to ITT and all authorizations involving ITT Night Vision where ITT is the applicant remain valid.
- Requests for new authorizations for equipment procured prior to the debarment and for equipment procured from ITT Night Vision after the debarment require a transaction exception as noted above. Exporters may apply for a transaction exception when they submit a request for export approval. Requests for transaction exceptions should note the circumstances of ITT Night Vision Division’s role in the transaction and should be accompanied by relevant justification addressing how the transaction meets one of the broad exceptions already granted by the Department (discussed above) or how the transaction otherwise meets the criteria for exception (also noted above). Such requests should clearly note whether the acquisition of the ITT Night Vision equipment to be exported occurred prior to March 28, 2007. As with any statutory debarment, the Department does not wish to create undue hardship on third parties as a consequence of ITT Night Vision Division’s debarment.
Please note: Requests for new authorizations for ITT Night Vision that do not address the exceptions to debarment or provide support for a transaction exception will be returned without action.