Overview
Junker & Douglas, L.L.C. is committed to full compliance with all applicable U.S. export control laws and regulations. The Phantom Array passive bistatic radar system and associated technical data may be controlled under U.S. export regulations.
This notice provides information about the potential export control status of our technology and the obligations of parties seeking access to controlled information.
Regulatory Framework
U.S. export controls are administered primarily under two regulatory regimes:
International Traffic in Arms Regulations (ITAR)
The ITAR, administered by the U.S. Department of State's Directorate of Defense Trade Controls (DDTC), controls the export of defense articles and defense services listed on the U.S. Munitions List (USML).
Category XI — Military Electronics
Category XII — Fire Control, Laser, Imaging, and Guidance Equipment
Export Administration Regulations (EAR)
The EAR, administered by the U.S. Department of Commerce's Bureau of Industry and Security (BIS), controls the export of dual-use items listed on the Commerce Control List (CCL).
Commodity Jurisdiction
The precise export classification of Phantom Array technology is subject to formal commodity jurisdiction (CJ) determination by the appropriate U.S. Government authorities. Until such determination is finalized, we treat this technology as potentially ITAR-controlled and apply the most restrictive compliance measures.
Interested parties should not assume any particular classification status. Contact us for current information regarding export classification.
Access Restrictions
Due to potential export control restrictions, access to technical data, specifications, and detailed product information may be limited to:
- U.S. Persons — U.S. citizens, lawful permanent residents, or protected individuals as defined under the Immigration and Nationality Act
- U.S. Government Agencies — Federal, state, and local government entities
- Authorized Foreign Persons — Foreign nationals with appropriate export licenses or authorization
- Eligible Foreign Governments — Allied nations with appropriate agreements and authorizations in place
Prohibited Activities
Without appropriate U.S. Government authorization, it is prohibited to:
- Export or reexport controlled technical data to foreign persons or foreign countries
- Provide defense services to foreign persons
- Transfer controlled technology to embargoed or sanctioned destinations
- Disclose controlled technical data to foreign nationals within the United States (deemed export)
- Broker or facilitate unauthorized transfers of controlled items
Penalties
Violations of U.S. export control laws may result in severe civil and criminal penalties, including:
- Criminal fines up to $1,000,000 per violation
- Imprisonment up to 20 years
- Civil penalties up to $500,000 per violation
- Debarment from government contracting
- Denial of export privileges
Foreign Military Sales
Sales of Phantom Array technology to foreign governments and international organizations may be conducted through:
- Foreign Military Sales (FMS) — Government-to-government sales administered through the U.S. Department of Defense
- Direct Commercial Sales (DCS) — Commercial sales authorized by the U.S. Department of State under an approved export license
All foreign sales require appropriate U.S. Government authorization and are subject to end-use monitoring requirements.
Information Requests
Parties requesting technical information or seeking to engage in business discussions may be required to provide:
- Verification of U.S. person status or appropriate authorization
- End-user identification and certification
- Intended end-use statement
- Non-transfer and use assurances
Contact Information
For questions regarding export compliance, licensing requirements, or to request access to controlled information, please contact:
Export Compliance Office
Junker & Douglas, L.L.C.
Email: export@phantomarray.us
Disclaimer
This notice is provided for informational purposes only and does not constitute legal advice. Export control regulations are complex and subject to change. Parties are responsible for ensuring their own compliance with applicable laws and regulations. Junker & Douglas, L.L.C. recommends consulting with qualified legal counsel for specific export compliance matters.