News Articles with Category: Export Control

DoD’s Proposed Rule Would Create Additional Risk and Burdens for Contractors Handling Export-Controlled Information

November 7, 2016 - via JD Supra The Proposed Rule creates a procedure for DoD to release unclassified technical data subject to EAR and ITAR to “qualified contractors,” which are defined to mean qualified U.S. and Canadian contractors. The Proposed Rule raises critical operational and legal issues for U.S. and Canadian defense contractors seeking to obtain ITAR and EAR technical data from DoD

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Proposed DoD Rule on Protection of Unclassified Technical Data Would “Disqualify” Contractors with Export Violations

November 1, 2016 - via US Department of Defense DoD has taken the view that public disclosure of technical data and technology is the same as providing uncontrolled foreign access. Therefore, this rule instructs DoD employees, contractors, and grantees to ensure unclassified technical data and technology that discloses technology or information with a military or space application may not be exported without authorization, and should be disseminated consistent with US export control laws and regulations.

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Departments of Commerce and State Harmonize Export Destination Control Statements under Export Administration Regulations and International Traffic in Arms Regulations

September 1, 2016 - via National Law Review BIS and the DDTC have decided to harmonize the two sets of statements, as well as mandate that they be inserted only on commercial invoices—they will no longer need to appear on the bills of lading, air waybills or other shipping documents. Effective as of November 15, 2016, the new harmonized DCS language that must be used under both the ITAR and the EAR

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Final Rules Affecting Definitions of Export and Fundamental Research Take Effect

September 1, 2016 - via Lexology The ERC initiative seeks to reorganize and streamline the U.S. export control regime in order to reduce regulatory burdens on U.S. companies while increasing the effectiveness of controls on the most sensitive defense-related goods and technologies.

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Export Control Reform: Protecting National Security and Strengthening the U.S. Defense Industrial Base

April 3, 2015 - via US Department of Commerce ECR makes it easier for businesses to engage in secure trade with our closest friends and allies, helps to create strong relationships between U.S. export suppliers and foreign customers, and strengthens the security of supply from small defense companies.

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New Export Control Requirement for Electronics Manufacturers in Defense and Aerospace Industries

November 7, 2014 - via Directorate of Defense Trade Controls The Directorate of Defense Trade Controls (“DDTC”) within the State Department issued a final rule to amend Category XI of the U.S. Munitions List (“USML”) covering military electronics.[2] Under these amendments, certain items previously covered on the USML are being removed and replaced with more precisely defined defense articles, creating a more “positive list” of controlled items. On the same day, the Bureau of Industry and Security (“BIS”) within the Commerce Department issued a companion rule which is adding items to the Commerce Control List (“CCL”) 600 Series that are transitioning from the USML.

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Export Control Reform Update: 2014 and Beyond

October 15, 2014 - via Baker Donelson Keep in mind that relaxed controls doesn’t mean that your licensing responsibilities will either remain the same or disappear altogether. They may require the implementation of a different procedure altogether.

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DoD Kicks Off Fiscal Year With Streamlined Export Rules

October 5, 2014 - via US Department of Defense The Pentagon office in charge of leading the way in sales of US defense equipment to foreign governments unveiled a new strategy document on Oct. 1 aimed at making the foreign military sales (FMS) process more responsive to allied nations’ needs by creating teams that will work closely with regional partners.

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Five Things Small Businesses Should Know About Export Control Reform

July 10, 2014 - via Us Department of Commerce Moving items to Commerce benefits small businesses because BIS’s regulations allow for more nuanced distinctions among technologies, destinations, and end users than the State Department’s regulations.

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Export Control Reform: Administration Publishes Changes to Regulations Controlling Exports of Military Electronics

June 30, 2014 - via Us Department of Coomerce 15 of 21 Categories of the U.S. Munitions List have been successfully revised under the Export Control Reform Initiative.

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US Export Control Procedures

May 17, 2014 - via US Commerce Department’s Bureau of Industry and Security Firms exporting products that are subject to EAR must apply for an export license, unless the transaction qualifies for a license exception or “No License Required” (NLR) treatment.

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Department of State Fines Defense Manufacturer $20 Million for ITAR (International Traffic in Arms Regulations) Violations

March 21, 2014 - via Drinker Biddle & Reath LLP DDTC determined that Esterline exercised inadequate corporate oversight and failed to establish an adequate export compliance program within companies it had acquired. Specifically, the DDTC pointed to Esterline’s large number of acquisitions since 2004.

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Administration Officials Tout Progress in Streamlining Control Policies for High-Tech Exports

February 4, 2014 - via Seapower Magazine As of last year, they had cleared 80 percent of the items, with potential export value of $80 billion. They expect to clear a final category, which includes commercial satellites and advanced electronics, this year

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Reforming Cold War-Era Export Controls

November 13, 2013 - via US Department of Defense Moving less sensitive items to the Commerce Control List allows us to be more flexible when authorizing licenses to U.S. allies, even as we maintain strict prohibitions on exporting without a license to countries subject to U.S. and United Nations arms embargoes and to destinations other than our allies and partners.

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Reformed Export System Starts This Week

October 12, 2013 - via Defense News The first two rewritten categories to take effect cover aircraft, aircraft parts and gas turbines. The new categories and the revision of the USML as a whole is built around the idea of a positive list that specifies items that should be more carefully controlled as opposed to a sweeping net to include all items associated with defense systems.

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Export Control Reform: Items Moved from U.S. Munitions List to Commerce Control List

July 5, 2013 - via US Depatment of Commerce The Bureau of Industry and Security has issued a final rule adding to the Export Administration Regulations export controls on military vehicles and related items; vessels of war and related items; submersible vessels, oceanographic equipment and related items

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US Unveils Export Control Reforms

April 17, 2013 - via US Department of State These rules, which define items regulated for export under the U.S. Munitions List's Category VIII - Aircraft and Associated Equipment, and Category XIX - Gas Turbine Engines

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Export Reforms to Fundamentally Overhaul National Security Controls on Technology

April 16, 2013 - via Kaye Scholer The reforms will take effect 180 days from publication in the Federal Register, on October 16, 2013. Following on the heels of this first tranche of new rules, 72 additional export control regulations are scheduled for publication by the end of the year.

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Implementation of Export Control Reform

March 8, 2013 - via The White House The Executive Order consolidates and delegates to the Secretary of State all statutory responsibility for maintaining registration and licensing requirements for brokering of defense articles and services on either the State or ATF lists which both control defense articles and services under the Arms Export Control Act.

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Continuation of the National Emergency with Respect to Export Control Regulations

August 15, 2012 - via The Whitehouse Continuing for 1 year the national emergency declared in Executive Order 13222.

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White House export-control strategy near completion

July 27, 2012 - via The Hill Though the program won't be completely wrapped up by the end of President Obama's first term in office, "it'll be so close to the goal line that it will be just up to the next administration to spike the football,"

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Military Secrets Leak From US Universities With Rules Flouted

April 30, 2012 - via Newsmax Eager to preserve their culture of openness and global collaboration, campuses are skirting -- and even flouting -- export-control laws that require foreigners to hold government licenses to work on sensitive projects.

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Fact Sheet: Latest Steps to Implement the President's Export Control Reform Initiative

March 7, 2012 - via The Whitehouse Today, the Administration officially opened two new national, multi-agency centers to improve how the U.S. Government administers its export control system.

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Support Grows for Easing of U.S. Export Controls

February 7, 2012 - via Defense News While many in the U.S. Congress view the Obama administration’s plans to reform export controls as overly ambitious, there is growing support to ease regulations on certain parts and components.

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Revisions to the Export Administration Regulations (EAR): Control of Submersible Vessels, Oceanographic Equipment and Related Articles That the President Determines No Longer Warrant Control Under the United States Munitions List (USML)

December 23, 2011 - via Industry and Security Bureau This proposed rule that describes how submersible vessels, oceanographic equipment and related articles that the President determines no longer warrant control under Category VI (Vessels of War and Special Naval Equipment) or Category XX (Submersible Vessels, Oceanographic and Associated Equipment) of the United States Munitions List (USML) would be controlled under the Commerce Control List (CCL)

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Remarks to the Defense Trade Advisory Group

November 9, 2011 - via US Dept of State The goals of our export control reform efforts are ultimately about making sure that our system protects the things it needs to protect. This will allow the U.S. Government to focus its limited resources on safeguarding and monitoring the most sensitive items. Our reform efforts will also allow us to streamline access to export controlled items for our close allies. This will help improve interoperability with our allies, as well as bolster our defense industrial base. We seek to facilitate exports to allies and partners by eliminating approximately 3,000 dual-use licenses and tens of thousands of licenses for munitions parts and components annually.

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President's Export Control Reform Effort

November 7, 2011 - via AUVSI As part of the reform, the Obama administration is moving items off the restrictive State Department-controlled International Traffic in Arms Regulations (ITAR) list and onto a more lax Commerce Control List (CCL) controlled by the Department of Commerce.

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DOD Reports 'Stunning' Spike In Espionage Targeting U.S. Military Technology, Trade Secrets

October 25, 2011 - via InsideDefense.com A new Pentagon report finds "a stunning increase" in espionage targeting sensitive U.S. military technology and defense industry trade secrets over the last year, including newly concerted efforts -- particularly from East Asia and the Pacific -- to acquire autonomous underwater vehicle technology.

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Commerce Department Implements New Export Control Rule to Enhance National Security, Facilitate Trade

June 16, 2011 - via MMD Newswire Major step forward in President's reform initiative to modernize export control system

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Export Controls Eased for Sales to U.S. Allies, Agency Says

June 16, 2011 - via Bloomberg News Under the news rules, almost all items monitored by the Commerce Department won't need a government license for sale to the 36 allies. The exporter will still need to obtain a pledge from the company buying the item that it won't in turn sell to a party in a non-allied nation.

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Top Ten Things to Know About Export Control Reform

June 1, 2011 - via Reed Smith The Obama Administration has decided to reform the system largely through harmonization, consolidation, and lessening of export controls to encourage U.S. exports and narrow the focus of U.S. Government control efforts to the most critical goods and technologies. Here are the Top Ten things you should know about the Export Control Reform Initiative:

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U.S. Lawmakers Question White House About Overhaul of Export-licensing System

May 13, 2011 - via Space News A White House proposal to overhaul the U.S. export-licensing system could face an uphill battle against Republican leaders in the U.S. Congress who say a compelling case has yet to be made for a wholesale restructuring of the process, which strictly regulates the sale of military and dual-use technologies overseas, including U.S. commercial communications satellites and components.

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Export Control Reform

May 12, 2011 - via US Department of State Testimony of Ellen Tauscher Under Secretary for Arms Control and International Security Statement before the House Foreign Affairs Committee

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US needs to get better at preventing foreign access to advanced technology

March 8, 2011 - via Network World GAO watchdogs find holes in high-tech access, licensing rules

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Defense contractor charged with stealing secrets on laptop

March 8, 2011 - via Computer World A former engineer with U.S. military contractor L-3 Communications is facing as much as 20 years in prison on charges that he illegally exported military data to China.

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Court upholds sentence of prof who passed secrets

January 5, 2011 - via Associated Press A federal appeals court has upheld the conviction of a retired University of Tennessee professor for passing military secrets. Plasma physics expert J. Reece Roth was found guilty in September 2008 of allowing research assistants from China and Iran to access sensitive data from a U.S. Air Force contract, in violation of the Arms Export Control Act.

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Roth loses appeal of 2008 conviction

January 5, 2011 - via Knoxnews University of Tennessee professor emeritus J. Reece Roth has lost his bid to avoid prison for violating the Arms Export Control Act.

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DOD Report Says Spying Focused on Naval Technology

January 4, 2011 - via Threatpost The increased focus on the acquisition of what the report terms "marine sensors technology" was a new development in 2009 and a trend that likely continued in 2010, the report said. Marine sensors technology includes things like sonar buoys, bottom scanning sonar, autonomous underwater vehicles, deep see diving bells and sensors used by the U.S. Navy's Littoral Combat Ship Program.

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President Obama Announces First Steps Toward Implementation of New U.S. Export Control System

December 9, 2010 - via The White House The President announced that the Administration released a series of regulations and requests for comment as part of the implementation of the new U.S. export control system announced by the President in August.

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Executive Order — Export Coordination Enforcement Center

November 9, 2010 - via The White House The Secretary of Homeland Security shall establish, within the Department of Homeland Security for administrative purposes, an interagency Federal Export Enforcement Coordination Center (Center).

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Export Controls for the 21st Century

August 30, 2010 - via Wall Street Journal The current system is a legacy of the Cold War and fails to distinguish between low-tech items and the most advanced proprietary technology.

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Changes Weighed in Military Exports

August 29, 2010 - via Wall Street Journal President Barack Obama will announce a series of initiatives this week aimed at streamlining the system that governs the export of weapons but also commercial products that have a potential for military use.

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