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 […]

ECR Seeks ITAR Control Over Commercial Optics

The President’s Export Control Reform (“ECR”) Task Force released proposed rules yesterday that seek to subject a vast array of commercial optics items and technology to restrictive export controls under the International Traffic in Arms Regulations (“ITAR”). [F/N 1] Many of the items and technology subject to the […]

ITAR Amendments Undermine Key DoD Acquisition Goal

At a defense industry conference held yesterday in Washington, D.C., a senior U.S. Defense Department acquisition representative discussed Defense Department plans to recruit innovators from the commercial sector to help U.S. military technologies keep pace with technological advances abroad. [F/N 1] As previously discussed on DTL Blog, [F/N […]

Rise of the Trade Promotion Websites

Export control professionals are familiar with the Obama Administration’s plan to consolidate export control agency licensing functions into a single licensing agency. [F/N 1] However, relatively few people know that the Administration also announced a separate plan to consolidate the U.S. Government’s fragmented commerce, trade, and investment functions into […]