Tag Archives: ITAR

ILN Today Post

Avoid Costly Errors: The Basics (and Beyond) of ITAR and EAR Controlled Item Marking Requirements

Is your company accurately marking its import- and export-controlled items and technology? If you have not recently reviewed the controlled item marking practices of the company, or have not yet adopted a formal marking policy or procedure, now is the time to make sure the company is following applicable regulations. Read more…

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ILN Today Post

New Interim Final Rule Creates End-to-End Encryption Carve-Out for ITAR Technical Data

The Department of State Directorate of Defense Trade Controls has published an interim final rule  seeking public comments and clarifying that certain transfers of encrypted technical data are not exports, reexports, or retransfers subject to the International Traffic in Arms Regulations. For the full article, please click HERE.

Torres Law previously published a news alert on November 18, 2019 regarding the potential publication of a new rule. The Interim Final Rule is effective on March 25, 2020, and interested parties may submit public comments by January 27, 2020.

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ILN Today Post

Department of State Proposes Amending ITAR Definitions, Creating Encryption Carve-Out

In a recently published Notice of Proposed Rulemaking,[1] the Department of State proposes an amendment to the International Traffic in Arms Regulations (“ITAR”) provisions defining activities that are not exports, re-exports, or retransfers. Such activities that will not be exports, re-exports, or retransfers under the proposed definition include (1) launching items into space, (2) providing technical data to U.S. persons within the United States or within a single country abroad, and (3) moving defense articles between U.S. states, possessions, and territories. Importantly, the proposed revisions will allow for the electronic storage and transmission of unclassified technical data through foreign communications infrastructure without requiring ITAR licensing when the technical data is sufficiently secured to prevent access by foreign persons. The proposed amendments also include the creation of a definition for “access information” and the revision of the “release” definition to include the improper provision of access information to foreign persons.

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Insights Whatcha Gonna Do When They Come For You? Export Control Agency Visits, Part 2

This article is the second part of a two-part series. In the first article, we introduced the types of company visits conducted by the two major U.S. export agencies,[1] and discussed potential outcomes and consequences of these visits. In this second article, we discuss what to expect during a visit from the agencies and best practices to prepare for them.  The first article can be accessed here.

DDTC Visits

The Directorate of Defense Trade Controls (“DDTC”) Office of Defense Trade Controls Compliance (“DTCC”) has published specific guidance regarding what companies should expect from a Company Visit Program (“CVP”) effort. DTCC will initially contact the selected company, at which point the company could elect not to participate in the CVP visit.[2] If the company decides to participate in the CVP visit, DTCC and the company will coordinate and select a date for the visit. After a visit date is confirmed, DTCC will send a formal visit notification letter outlining an agenda for the visit and may request certain pre-visit materials, such as an organizational chart or written export procedures.

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ILN Today Post

ITAR Amendment to benefit Israelis Dealing in U.S. Military Products

On August 26, the U.S. Government finally brought some much needed clarity to an area of its International Traffic in Arms Regulations (ITAR) that was until then the cause of much confusion and uncertainty.

While much of the ITAR is concerned with controlling the movement of U.S. military equipment and technology from the U.S. and the subsequent movement and use of the products and technology outside the U.S., Section 129 of the ITAR is concerned with the control of certain “brokering activities” related to ITAR controlled military equipment and technology.

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