Category: EAR

Recommendations for the Next Reform

The complexity of U.S. export control regulations is at an all-time high. If you had the ability to decide the next administration’s export control reform agenda, what would it be? PAST REFORMS U.S. export controls are principally administered by the State Department under the International Traffic in Arms Regulations […]

Impact of Export Control Reform on Small Businesses

The International Trade Administration reports that small and medium-sized companies account for ninety-eight percent (98%) of U.S. exporters. [FN 1].  According to a National Small Business Association and Small Business Exporters Association Exporting Survey performed in 2013, three-fourths of U.S. small business exporting items controlled under either the State Department’s International […]

ECR Task Force Publishes 16th Amendment to STA

With publication of today’s Final Rule at 80 Fed. Reg. 39,950, the President’s Export Control Reform Initiative marks its sixteenth (16th) amendment to license exception Strategic Trade Authorization (“STA”) since initial implementation of the exception in June 2011. [F/N 1] The Final Rule somewhat unjumbles the Section 740.20(d) […]

Watch Out for STA!

As recently released by OMB, the Export Control Reform (“ECR”) Task Force published a final rule correcting and adding clarifications to thirteen previous rules amending the Export Administration Regulations (“EAR”). [F/N 1] Among other things, the latest correction rule corrects an August 18, 2014 correction rule that incorrectly […]

The Impact of Export Controls by Fiat

As frustration on The Hill grows over the Administration’s use of executive orders to effect reform, little attention is given to the impact of unilateral executive action on the U.S. export control system. The Power to Regulate Foreign Trade The U.S. Constitution places the power to regulate foreign […]

Specially Designed for the Omniscient

Does your company know all the different ways a person anywhere in the world has used your product? If not, it may be among the many companies encountering difficulty with subparagraph (a)(2) of the new “specially designed” definition. Specially Designed Refresher As part of President Obama’s Export Control […]