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 […]
Following press coverage of arms sales by an allegedly rogue CIA operative to Libyan dictator Muammar Gaddafi, Congress amended the Arms Export Control Act in 1996 to allow the President to impose a variety of requirements on arms brokers. These requirements were implemented by the Department of State […]
Export control compliance personnel are often the targets unwarranted criticism. This is inconsistent with a company culture of compliance and is a red flag. Export controls compliance is everyone’s responsibility. Anyone can go to jail for violations and, regardless of whether they agree with the law, good citizens […]
Following a proposed rule and the consideration of recommendations from a working group of the Defense Trade Advisory Group, the Department of State Directorate of Defense Trade Controls (“DDTC”) recently published an interim final rule amending the ITAR brokering requirements at 22 C.F.R. Part 129.
More and more these days, I see prime contractors requesting subcontractors to certify their compliance with the International Traffic in Arms Regulations in annual representations and certifications, requests for proposal, teaming agreements, and other documents. ITAR compliance is not a new requirement nor applicable only to defense contractors. […]
There are many criminal prosecutions against exporters for violations of export controls. In a recent case, the defendant argued that he was not responsible for failing to comply with export controls because these laws are too complex to understand. The court disagreed and affirmed the conviction. But it […]