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) […]

DoJ Memos on ITAR Prior Restraint

This post contains copies of publicly available Department of Justice memoranda warning the State Department, White House, and Congress that imposition of ITAR control over public speech violates the First Amendment. Related Congressional documents are also attached. Each document is referenced in the below chronology of events, which led […]

ITAR Control of Medical Research?

The International Traffic in Arms Regulations (“ITAR”) presently controls “Biological agents and biologically derived substances specifically developed, configured, adapted, or modified for the purpose of increasing their capability to produce casualties in humans or livestock, degrade equipment or damage crops.” However, subparagraph (n)(2) of U.S. Munitions List Category […]

ITAR Control of Public Speech

The State Department released a Federal Register notice today proposing to amend definitions for “public domain,” “fundamental research,” “defense services,” and “technical data” under the International Traffic in Arms Regulations (“ITAR”). [F/N 1] Among other things, the notice explicitly confirms that the State Department imposes a prepublication approval requirement […]