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 […]

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 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 […]

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 […]