ITAR Empowered Officials: Key Requirements and Responsibilities

^Introduction

Within the framework of the International Traffic in Arms Regulations (ITAR), compliance is not simply a paperwork exercise—it requires active oversight by qualified individuals who understand the legal, technical, and operational aspects of defense trade controls. Central to this system is the Empowered Official (EO), a role defined in 22 C.F.R. § 120.25 and required for all companies registered with the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC).

An Empowered Official serves as the organization’s authoritative representative for ITAR compliance. This individual has the legal power and corporate authority to sign export license applications, agreements, and other submissions to DDTC on behalf of the company. Because of this responsibility, the Empowered Official must possess the knowledge, independence, and integrity necessary to ensure that all defense exports are conducted lawfully and in alignment with U.S. national security interests.

Key Details About ITAR Empowered Officials

1. Who Can Serve as an Empowered Official

The ITAR defines an Empowered Official as a U.S. person who:

• Is directly employed by the applicant company;
• Has authority for policy or management decisions within the organization; and
• Has independent authority to inquire into any aspect of a proposed export and deny authorization if the transaction does not comply with ITAR.

Importantly, an Empowered Official cannot be an external consultant, attorney, or foreign person. The role must be filled by someone who is permanently and directly part of the company’s structure, ensuring accountability and organizational control.

This requirement reflects DDTC’s emphasis on maintaining a clear line of responsibility for export decisions within the registered U.S. entity.

2. Training and Competence Requirements

An Empowered Official must have a comprehensive understanding of:

• The ITAR and Export Administration Regulations (EAR);
• The company’s internal compliance procedures; and
• The technical and legal implications of the company’s defense exports.

While ITAR does not specify a mandatory certification program, DDTC expects Empowered Officials to receive formal export compliance training and maintain current knowledge through ongoing education.

This training ensures the EO can make informed, legally sound judgments regarding export authorizations, technical data transfers, and the company’s obligations under ITAR.

3. Primary Responsibilities

The Empowered Official acts as the final compliance checkpoint for any export or agreement submitted to DDTC. Their core responsibilities include:

• Reviewing and signing license applications and agreements (e.g., Technical Assistance Agreements or Manufacturing License Agreements).
• Verifying the accuracy and completeness of all submissions to DDTC.
• Ensuring exports align with ITAR and U.S. national security interests.
• Reporting violations or potential violations to DDTC as required under ITAR § 127.12.
• Refusing to approve any transaction that appears unlawful or inconsistent with company policy.

Crucially, the Empowered Official must have the B'independent authority to say “no”' to a proposed export, even if management or customers exert pressure to proceed. This independence is what gives the EO role its regulatory strength and credibility.

4. Corporate Authority and Accountability

The Empowered Official must have sufficient corporate authority to bind the company legally and administratively in matters of export compliance. This means they can sign applications and correspondence with DDTC on behalf of the organization, and those actions carry the same legal weight as if performed by the company itself.

Because of this delegated authority, Empowered Officials bear personal responsibility for ensuring the truthfulness, accuracy, and completeness of all representations made to the U.S. government. False statements or willful misrepresentations may result in civil or criminal penalties, not only for the company but also for the individual EO.

5. Role in Compliance Culture and Risk Management

Beyond formal regulatory duties, the Empowered Official plays a pivotal role in shaping the company’s export compliance culture. They often lead internal compliance programs, provide training to employees, and oversee audits or investigations of export activities.

By fostering awareness and accountability across departments—engineering, contracts, logistics, and management—the EO ensures that ITAR compliance is not an afterthought but a core business practice integrated into daily operations.

Conclusion

The Empowered Official is at the heart of ITAR compliance. As the company’s officially designated compliance authority, this individual must combine technical knowledge, ethical judgment, and corporate authority to safeguard against unlawful defense exports.

By verifying licenses, maintaining oversight of controlled data, and upholding the integrity of export decisions, the Empowered Official serves as both a legal gatekeeper and a cultural leader within the organization.

In a regulatory landscape where even minor violations can have major consequences, a qualified and vigilant Empowered Official is not just a compliance requirement—it’s an essential line of defense for protecting both the company and U.S. national security.