Tag Archives: TORRES TRADE LAW

ILN Today Post

DDTC and Census COVID-19 Status of Operations

Today the Directorate of Defense Trade Controls published an update to its operations as follows:

  1. Licensing, Commodity Jurisdictions, and General Correspondence: Though longer processing times are expected, DDTC continues to process these submissions and new licenses will be accepted.
  2. Enrollment and Registration: Still operating and being processed via DECCS.
  3. Voluntary Disclosures: Disclosures and related information may be submitted via email to DTCC-CaseStatus@state.gov. Materials should be sent on company letterhead and in PDF format. It is not necessary to send a duplicate hardcopy to DTCC through the mail.

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ILN Today Post

DDTC Transitioning to DECCS on February 18

The Department of State Directorate of Defense Trade Controls (“DDTC”) has announced that it will roll out the Registration and Licensing applications in its new online platform, Defense Export Control and Compliance System (“DECCS”) on February 18. Importantly, DTrade, DDTC’s current electronic licensing platform, will no longer be available after 6 p.m. Eastern on February 14. DECCS will additionally replace DETRA, EFS, ELLIE, and MARY, making DECCS a cloud-based one-stop-shop for ITAR-related licensing, registration, commodity jurisdictions, disclosures, and advisory opinions. Companies and individuals requiring the above services will need to set up a User Account in DECCS by enrolling here.

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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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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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Tariffs on Wine, Whisky, and Cheese Provide Extra Fright This Halloween

Halloween parties are an annual tradition for many Americans. But this year Halloween may be a little spookier than usual as some popular party items could become more expensive.

On Friday, October 18, new 25% tariffs went into effect on many food and drink imports from the European Union (“EU”). These tariffs were first proposed by the United States Trade Representative (“USTR”) back in April as part of an ongoing World Trade Organization (“WTO”) dispute surrounding civil aircraft subsidies granted by the EU.[1] This month, the WTO finally ruled on the matter, siding in favor of the United States over the EU. As a result, the United States has placed $7.5 million worth of tariffs on European goods.[2]

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ILN Today Post

Turkey Sanctions Update

On October 23, 2019, the Department of Treasury Office of Foreign Assets Control (OFAC) removed the sanctions imposed in Executive Order (E.O.) 13894 on the Government of Turkey’s Ministry of National Defence and the Ministry of Energy and Natural Resources, as well as the Minister of National Defence, Minister of Energy and Natural Resources, and the Minister of the Interior. OFAC stated that the removal of the sanctions was a direct result of Turkey’s adherence to the terms of a ceasefire in Syria as agreed on October 17, 2019. Pursuant to the removal of the sanctions, all property and interests in property, which had been blocked as a result of the designation of the five persons listed above, are unblocked and all otherwise lawful transactions involving U.S. persons and these entities and individuals are no longer prohibited. 

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Lessons from the L3Harris Technologies Consent Agreement with DDTC

On September 19, 2019, the U.S. Directorate of Defense Trade Controls (“DDTC”) entered into a consent agreement with L3Harris Technologies, Inc. (“L3Harris”) for alleged violations of the Arms Export Control Act (“AECA”) and the International Traffic in Arms Regulations (“ITAR”). L3Harris, an aerospace and defense technology company, allegedly committed violations that involved the unauthorized export of defense articles and technical data, as well as a failure to provide accurate and complete reporting and violations of licenses.[1]

The L3Harris consent agreement with DDTC provides five valuable takeaways for all defense exporters:

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ILN Today Post

InsightsCBP Announces New Rule to Combat Anti-Dumping and Countervailing Duty Infractions

On August 14, 2019, the U.S. Customs and Border Patrol (“CBP”) issued a notice of proposed rulemaking requiring customs brokers to verify the identity of their importer clients, in particular non-resident importers.[1]

CBP stated that the purpose of the rule is to strengthen the agency’s ability to prevent fraudulent transactions, improve revenue protection, and help prevent the use of shell or shelf companies attempting to evade customs laws, in particular as relates to intellectual property rights, anti-dumping / countervailing duties, and health and safety requirements. CBP also asserted that creating more rigorous standards for importer verification will improve the competitiveness of brokers that comply with customs regulations. 

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State Department Proposes New Guidelines for the Export of Surveillance Technology Aimed at Addressing Human Rights Concerns

Should human rights concerns be a consideration for exporters engaged in international trade? New draft guidance proposed by the U.S. Department of State aims to provide a potential roadmap for tackling this issue.

On September 4, 2019, the State Department’s Internet Freedom and Business & Human Rights Section of the Bureau of Democracy, Human Rights, and Labor released draft guidance for “Surveillance Technology” exports.[1] If adopted, this guidance could add another layer to the export control process.

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D.C. Circuit Weighs in on Issue of Willfulness in Prosecutions for Unlawful Exports

What is the appropriate standard for determining whether a defendant has acted willfully in violation of the Arms Export Control Act (“AECA”)? On August 20, 2019, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) weighed in on this question in U.S. v. Burden. Specifically, the court examined the definition of willfulness as it relates to the unlawful exporting of defense articles without a license.[1]

Exports and imports of defense articles are governed by the AECA.  The AECA serves the purpose of furthering the national security and foreign policy of the United States and the International Traffic in Arms Regulations (“ITAR”) are the regulations that implement the AECA. In this case, the defendant was convicted for violating the AECA for exporting gun parts to Thailand without a license. During trial, the district court instructed the jury that in order to find that the defendant willfully violated the law, the jury must find that “the defendant knew that his conduct was unlawful.”[2] The jury found the defendant guilty and he appealed, arguing that his conviction should be overturned, in part, because the jury was provided with the improper standard required for a conviction. On appeal, the D.C. Circuit examined the willfulness standard provided in the district court’s instruction.

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