Attorneys as Arms Brokers; the DDTC Finder Rule

The United States Court of Appeals for the District of Columbia Circuit recently dismissed a case filed against the State Department Directorate of Defense Trade Controls (“DDTC”) by the author’s law firm, finding that DDTC only intends to apply Arms Broker regulations, codified at Part 129 of the […]

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 […]

State Department Holds Out on Doomed Cybersecurity Controls

Last month’s House Committee on Oversight and Government Reform’s hearing on Wassenaar Cybersecurity and Export Controls was highly critical of the Administration’s agreement to adopt broad export controls on cybersecurity software and technology under the Wassenaar Arrangement, a multilateral export control regime, without appropriate consideration of the cybersecurity […]

Ghosts of ECR Past, Present, and Future

As we turn to the final year of the President’s Export Control Reform (ECR) Initiative, government officials continue to tout success of the reform. But, as shown from the past, present, and expectations for the future, ECR is a tale of unfulfilled goals and inadvertent consequences of complex […]

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 […]

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 […]