Commodity Jurisdiction by the Numbers

The scope of defense articles, technical data, and defense services subject to Department of State export control jurisdiction under the International Traffic in Arms Regulations (“ITAR”) (22 C.F.R. Parts 120-130) is described at ITAR Section 121.1, better known as the U.S. Munitions List (“USML”). The USML is divided […]

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 […]

A Christmas Miracle: “The Interview”

In a Christmas Miracle for free speech, artistic expression, export control nerds, and other members of the free world, Sony just released “The Interview” on several online streaming sites.  I just watched it on YouTube for a mere $5.99. The movie is an extremely well done comedy, destined […]

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 […]

New Definitions of “End-Items” and “Systems” Create More Headaches

Many exporters will struggle to determine commodity jurisdiction under the definition of “specially designed” created by the President’s Export Control Reform Initiative (“ECR”). Unfortunately, exporters must also now contend with another obstacle to self-classification: ECR’s new definitions for “end-items” and “systems” in the International Traffic in Arms Regulations […]

The Truth About the Obama Administration’s Export Control Reform

Over the years, private industry, academia, think tanks, and even the government have come to criticize the U.S. Export Control System as outdated, too complex, and inefficient. Chief among these criticisms where complaints that the regulations are too long, littered with frequent cross-references with requirements for a single transaction […]