I’m not a lawyer or international trade regulation expert, but I have worked at Boeing for years and received plenty of mandatory ITAR training and I have personally touched military aerospace hardware and technical data.
My understanding is that ITAR does not prohibit export of so-called “defense articles” for foreigners but instead basically requires:
- Registration with the US Department of State
- Approval and subsequent grant of an export license at Dept of State discretion
- Extensive access controls and documentation for compliance thereafter
Selling defense articles into foreign hands is one of the USA’s largest foreign trade sectors. US companies are even allowed to make facilities for defense articles on foreign soil with foreign employees, such as Boeing’s major
presence working on military hardware and software in Australia by Australian employees for the Royal Air Force.
You can get a summary
here or read the whole thing in the Code of Federal Regulations
here.
Note this requirement in
§ 122.1:
Any person who engages in the United States in the business of manufacturing or exporting or temporarily importing defense articles, or furnishing defense services, is required to register with the Directorate of Defense Trade Controls under § 122.2.
The article linked in is line with this idea. It defines a formal agreement with the Dept of State and the Brazilian government regarding how to handle export of certain US defense articles to Brazil.
...
Brazil has major advantages for Tesla besides just the SpaceX synergy because it has the 3rd largest nickel reserves globally after Indonesia and Australia, and it’s nearby to the unrivaled South American lithium reserves in Chile, Argentina and Bolivia. Like Berlin, Austin and Shanghai, it also has a fairly central location on its continent relative to the population distribution, which is ideal for logistics once Tesla begins seriously selling in South America. There has been way too much talk from management about lithium and nickel supply and shortening the distance atoms travel to dismiss Brazil as a future Tesla factory location.