Category: ITAR

In March of 1983, during a speech in Orlando, Florida, former President Ronald Reagan first used the phrase the “evil empire” to describe the Soviet Union. The phrase stuck, and a new era of emphasis on Export Regulations and Controls began. Stopping the USSR from acquiring U.S. technologies that could be used against us or...

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...

Here’s a question we see all the time: We’re registered as a manufacturer of defense articles, but we do not export. So, why do we need a compliance program with written policies and procedures? To answer this question, let me provide a real-world illustration from a recent Government Accounting Office (GAO) document. A special “heads-up”...

Earlier this month, I was reading some articles online and found the following statement about a company and its ITAR requirements (bold emphasis mine): "Export-controlled technical data has a unique set of rules designed to ensure that it is not inadvertently released or “exported” to foreign persons either inside or outside the United States. As...

For any industry, the “cost of doing business” inevitably increases over time. For companies engaged in ITAR-controlled work, the cost of not doing business compliantly is about to skyrocket. DDTC has announced that, effective August 1, 2016, the maximum amount that can be levied as a Civil Monetary Penalty will change. Most notably, for each...

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...

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...

How do you build a “culture of trade compliance” in your organization? You might as well ask, “How do you eat an elephant?” In both cases, the answer is seemingly simple, yet also complex – one bite at a time. A quick search for “culture of compliance” on the internet yields thousands of scholarly and...

Chinese national Fuyi “Frank” Sun has been arrested in connection with a plot to illegally export high-grade carbon fiber from the United States to China. Sun was arrested while traveling to New York to close a deal with a distributor of the fiber which is typically used for aerospace and military purposes. Turns out the...

A Singapore man, Lim Yong Nam (aka Steven Lim) was extradited to the U.S. from Indonesia (where he’d been detained since October 2014) to face charges stemming from his alleged role in a conspiracy to illegally export radio frequency modules to Iran. According to the U.S. Government, some of these modules ended up being used...