In order to import, export, retransfer (change end use or end user), or transit through the US, a USML item, an authorisation is required. An authorisation can be a licence, licence exemption, technical assistance agreement, manufacturing licence agreement, distribution agreement, foreign military sales letter of acceptance, third party retransfer or off-shore procurement agreement. Such authorisations will strictly dictate the permitted use of the item, access and transfer permissions. The US has strict end-use management and auditing programs to ensure compliance with issued authorisations, enforcement mechanisms and the power to prosecute violations. Authorisations are detailed in ITAR parts 123 and 126 and can be accessed at the DDTC website .
If a USML item was originally sourced via the Foreign Military Sales program, authorisations to import, export, retransfer (change end use or end user), or transit through the US must be sought from the Regional Security Transfer Office. Such authorisation requests are actioned through the Directorate of Materiel Exports Control .
An exemption to the requirement to obtain licences exists due to the Treaty Between The Government of Australia and The Government of the United States of America Concerning Defense Trade Cooperation. A number of requirements exist before this exemption can be utilised, including membership in the controlled "Australian Community" group. Please see www.defence.gov.au/ustradetreaty.