ITAR regulates the manufacture, export, and import of products designated by the U.S. Department of State as having military significance and includes technical data, software, and services related to those produced (“Defense Articles”). ITAR regulations are administered by the Directorate of Defense Trade Controls (“DDTC”) and set forth at 22 C.F.R. § 120 et seq. Defense Articles regulated by ITAR are listed in in the United States Munition List (“USML”) at 22 C.F.R. § 121.1. 1 The USML is comprised of 21 categories of items, and includes firearms, explosive chemicals, underwater sound equipment, and navigational devices. Night vision equipment is regulated under Category XII(c) of the USML, a portion of which is excerpted below:
(c) Imaging systems or end items, as follows:
(1) Binoculars, binoculars, monoculars, goggles, or head or helmet-mounted imaging systems (including video-based articles having a separate near-to-eye display), as follows:
(i) Employing an autogated third generation image intensifier tube or a higher generation image intensifier tube;
(ii) Fusing output of an image intensifier tube and an infrared focal plane array having a peak response wavelength greater than 1,000 nm; or
(iii) Having an infrared focal plane array or infrared imaging camera, and specially designed for a military end user[.]
See The Night LLC maintains the right at any time, to request proof of citizenship (ITAR screening information) from any user on the Site, conducting ecommerce, inquiring about products, calling via telephone, emailing, messaging SMS, or messaging on social media applications. Information related to ITAR screening can be requested repeatedly for the same individual or entity. See The Night LLC may at any time, deny access to its services or products that are related and regulated by ITAR to a person or entity.