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…
This is the first in a series of articles called Tools of the Trade, where we will highlight some of the most useful tools and resources for export compliance professionals. Keep checking back for future installments! Classification of items (products, software, technology, etc.) is at the heart of any compliance program. Never has this been…
Earlier this month, Esterline Technologies Corporation agreed to pay a $20 million civil penalty for alleged violations of the International Traffic in Arms Regulations (ITAR). According to the State Department’s charging letter, these violations span a number of years, and cover various subsidiaries and departments within the company. Although the charges against the company are…
If you haven’t already, it’s time to update your ITAR destination control statement on your commercial invoices. As part of the Export Control Reform that implemented on October 15, 2013, a new destination control statement should be used on your export paperwork. This change is effective immediately. The Destination Control Statement is required on the…
This month, DDTC has introduced new versions of several different forms for exporters to use with their ITAR licenses and registrations. It’s important to use these new versions of the documents, because DDTC will no longer be accepting the previous versions. Here’s a brief summary of the new documents: It’s important to make note of…
There’s a lot of chatter among the export control community this week about the status of export license applications and other activities in light of the U.S. federal government shutdown. Some of the questions I’ve seen posted to discussion boards and blogs include: And my personal favorite … In some ways, I think it’s too…
If there’s a silver lining in every cloud, then the recent ITAR penalties levied against Aeroflex, Inc. and its subsidiaries can hold some valuable lessons for other companies. On July 25, DDTC charged the microelectronics manufacturer with 158 violations of the AECA and ITAR. The alleged violations cover an extensive time period – more than…
On Monday, the State Department published an interim final rule which revises significant portions of the brokering activities controlled by Part 129 of the ITAR. One of the most meaningful changes in this rule is a definition of what “brokering activities” actually means. The rule also revises and clarifies related sections of the ITAR related…
Recently, a Washington-based manufacturer of printed circuit boards (PCBs) found out how costly it can be to ignore U.S. export regulations. Precision Image Corporation and its owner, Chih-Kwang Hwa, plead guilty to charges that it violated the ITAR. The company faces fines of up to $1 million and Hwa could be sentenced to as much…
Most of us have visited eBay to sell or buy an item. (After all, who wouldn’t want to bid on such things as an autographed air guitar or a handmade ghost detector?) However, if you’re going to sell an item on eBay, in addition to making sure there’s a market for your products, you better…