Category: Export Control Reform Initiative

Moving one step closer to the Single IT system goal of Export Control Reform, DDTC has acquired a new case management IT system to modernize its business processes. Additionally, DDTC has begun accepting comments related to the new DS-7788 (Application for Permanent Export, Temporary Export or Temporary Import of Defense Munitions, Defense Services and Related...

The clock is ticking! Exporters have just one month (until November 15, 2016) to change the language and use of their Destination Control Statements (DCS). As the U.S. Government moves forward with the harmonization of export regulations under Export Control Reform, the ITAR and the EAR will soon be aligned with respect to the content...

Regular readers of this blog will know that, effective July 1, 2014, DDTC completed the revision of four USML categories. With these revisions, a variety of ITAR-controlled items were transitioned to the control of the EAR. As a reminder, these revised categories were: DDTC and BIS allowed for a period of time for the transition...

Buried in the depths of the Federal Register notices published by DDTC, BIS and OFAC is an often-overlooked section that contains some very interesting predictions. This is the section to fulfill the Office of Management and Budget (OMB) requirement that government agencies communicate things like impact statements, time required to complete new forms and other...

The revision of USML Category XII was first published as a proposed rule on May 5, 2015, for public comment. The number of public comments received caused the Department of State to reevaluate the original proposed rule change and to draft a new proposed rule change (published February 19, 2016). This second proposed rule change...

DDTC recently published proposed amendments to USML Categories VIII and XIX. These amendments follow a period of public comment that began last year. The amendments are open to further public comment from now until March 25, although it’s doubtful there will be any significant further changes. After this, we expect DDTC to publish Final Rule...

One of the lesser-understood rules in the Export Administration Regulations (EAR), is the de minimis rule, which determines whether foreign-made products that incorporate U.S.-controlled content are subject to the EAR. While making international trade easier and better defining the jurisdiction and classification of items, the Export Control Reform (ECR) Initiative has also complicated the application...

“Did you hear? The Cuban sanctions have been lifted! I can’t wait to go on a vacation and bring back some cigars.” Whoa! Not so fast there, buddy. With the recent announcements from the Department of the Treasury, Office of Foreign Assets Control (OFAC), concerning the amendments to the Cuban Assets Control Regulations (CACR) to...

In my last blog article, we examined the Specially Designed Decision Tool. Today, we will explore the new “Catch and Release” concept when determining if a product meets the definition of “Specially Designed.” First, here is the definition in the current ITAR. [My Notes will be in brackets, boldface, and Italics. All underlines are my...

To some, it may seem as if it was just yesterday that the Export Control Reform (ECR) initiative began to take shape. For others, it may seem as if the process has spanned decades. However you view it, ECR has been a very present reality for the past year. On November 3rd, the U.S. Department...