Category: Deemed Exports

Passed on June 27, 2017, Article 7 of China’s National Intelligence Law defines that it is the responsibility that “All organizations and citizens shall support, assist, and cooperate with national intelligence efforts in accordance with law, and shall protect national intelligence work secrets they are aware of.” Article 10 affirms that, “As necessary for their...

Proposed Legislation On March 12, 2019, a new bill was introduced in Congress.  The “Protect Our Universities Act of 2019” has at its purpose the “creation of a task force within the Department of Education to address the threat of foreign government influence and threats to academic research integrity on college campuses, and for other...

“Hey Alexa, are you a U.S. Person?”  Imagine this.  A conference call with your foreign-based customer is about to begin.  Today’s agenda includes technical discussions of recent upgrades and changes to the designs of some ITAR-controlled items.  Your Trade Compliance Officer has reviewed the material and confirmed that export authorizations are in place approving the...

Who are you really interacting with on your social media and professional networking accounts? Is it someone with similar likes and dislikes? A potential business contact? A recruiter offering you a lucrative, new job? Kevin Mallory, a retired CIA officer, saw an opportunity when he was contacted by a headhunter on LinkedIn. The person put...

Last week, FLIR Systems, Inc. entered into a Consent Agreement with Department of State, Directorate of Defense Trade Controls (“DDTC”) to settle allegations of violations of the International Traffic in Arms Regulations (“ITAR”). There were 347 alleged violations cited in the Proposed Charging Letter. These violations included 219 counts of unauthorized exports to Foreign-Person employees;...

Earlier this month, DDTC published a new Consent Agreement with Bright Lights USA, Inc. of Barrington, New Jersey. This agreement alleges a variety of different ITAR violations, including technical data exports and failure to keep adequate records. Are these problems sufficiently addressed in your company’s export compliance program? As always, it’s important to take note,...

Here’s one for all the Human Resources professionals out there. The U.S. Department of Justice Office of Special Counsel for Immigration-Related Unfair Employment Practices (the “OSC”) has issued a response to a request for guidance regarding complying with antidiscrimination laws (specifically under the Immigration and Nationality Act, or “INA”) when verifying employees’ citizenship status under...

Wars are won and lost as a result of many factors. One factor that is often overlooked is the role that information plays in the outcome of any struggle. For example, the fake army commanded by General George S. Patton at Calais convinced the Axis powers that the Allies were going to take the shortest...

DDTC’s proposed new rule on dual and third-country nationals (DN/TCN) becomes final August 15, 2011.  We previously blogged about that new rule here, in case you missed it. In preparation for the implementation of these provisions, DDTC has published a variety of guidelines and answers to frequently asked questions about the new 126.18 exemption.  Thankfully, these documents provide more...

When it comes to visa applications and export compliance, there were a lot of questions flying at last week’s BIS update conference in DC.  The issue?  A new section of the I-129 Visa Application, which first appeared in December, that asks employers to make certifications about the release of controlled technology to visa-applicant employees. Essentially, Part 6...