News & Analysis as of

DDTC

New ITAR Rules Possible: DDTC Rulemaking Unaffected By Trump Executive Order Limiting New Regulations

by Baker Donelson on

The Deputy Assistant Secretary of State for Defense Trade Controls made clear last week that the State Department’s Directorate for Defense Trade Controls (DDTC), which is responsible for the International Traffic in Arms...more

Apocalypse Soon? Permanent Disqualification From Department of Defense Contracts May Result From Voluntary Disclosures of Export...

by McCarter & English, LLP on

Etymology, particularly the Greek or Latin roots of words, aids our understanding in much the same way as root cause analysis does. The Greek word for disclosure is ap???????, transliterated to apokálypsi, or “apocalypse.”...more

Companies Face New Process in Disclosures of Potential Export Violations

by Polsinelli on

Companies opting to file voluntary disclosures of potential export violations with the State Department’s Directorate of Defense Trade Controls (DDTC) will soon be required to utilize a new process for submitting their...more

New Format for Filing CJ Requests via New Defense Export Control and Compliance System (DECCS)

by Baker Donelson on

As the export agencies still strive to implement one system for export licensing and compliance, DDTC has come one step closer by creating a new on-line process for filing CJ requests. As of November 16 at 5 pm, DDTC will no...more

DOJ Establishes Voluntary Self-Disclosure Program for Criminal Violations of U.S. Economic Sanctions and Export Controls

On October 2, 2016, the National Security Division (NSD) of the U.S. Department of Justice (DOJ) established a formal, voluntary self-disclosure program for criminal violations of U.S. economic sanctions and export controls...more

US Department of Justice Guidance Seeks to Encourage Voluntary Self-Disclosure of Export Controls and Sanctions Violations

by Latham & Watkins LLP on

The Guidance parallels the DOJ approach under the FCPA, but does not specify the value of mitigation and may create contradictory incentives. The National Security Division (NSD) of the US Department of Justice (DOJ)...more

Export Documentation Requirements Change Following EAR/ITAR Amendments

by Benesch on

Export control documentation requirements are changing effective November 15, 2016. Specifically, the Department of Commerce’s Bureau of Industry and Security, and the Department of State’s Directorate of Defense Trade...more

DOJ Publishes Guidance Encouraging Voluntary Self-Disclosures, Full Cooperation and Timely and Appropriate Remediation

by BakerHostetler on

On Oct. 2, 2016, the U.S. Department of Justice (DOJ), National Security Division (NSD) published Guidance setting forth its policy of encouraging business organizations to voluntarily self-disclose criminal violations of...more

Company Eliminated from Army Contract Competition Due to ITAR Compliance Program Description

by Holland & Knight LLP on

The U.S. Government Accountability Office (GAO) denied on Aug. 11, 2016, a government contract protest by Microwave Monolithics Inc. See GAO case number B-413088. The case is noteworthy because of the reason for denial. The...more

State Department Relaunches Company Visit Program to Assess ITAR Compliance

by Williams Mullen on

The Directorate of Defense Trade Controls (“DDTC”) within the State Department has relaunched its “Company Visit Program.” Under the Company Visit Program, DDTC officials come to your office to review your company’s...more

Redefining U.S. Export Controls: Takeaways from Key Changes Effective September 1st

On September 1, 2016 new rules previously published by the U.S. Department of Commerce, Bureau of Industry and Security (BIS) and the U.S. Department of State, Directorate of Defense Trade Controls (DDTC) will become...more

Redefining U.S. Export Controls: Takeaways from Key Changes Effective September 1st

On September 1, 2016 new rules previously published by the U.S. Department of Commerce, Bureau of Industry and Security (BIS)1 and the U.S. Department of State, Directorate of Defense Trade Controls (DDTC)2 will become...more

Final Rules Affecting Definitions of Export and Fundamental Research Take Effect

by Holland & Knight LLP on

Amended definitions under the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) became effective today, Sept. 1, 2016. Although there are no significant changes to the scope or...more

BIS and DDTC Harmonize Destination Control Statements, Make Other Clarifying Changes

by BakerHostetler on

On Aug. 17, 2016, as part of the President’s Export Control Reform (ECR) initiative, the Department of Commerce, Bureau of Industry and Security (BIS) and the Department of State, Directorate of Defense Trade Controls (DDTC)...more

New Guidance on ITAR Registration in the Firearms Industry

by Williams Mullen on

The State Department has issued new policy guidance regarding the requirement for gunsmiths and others involved in the firearms industry to register with the State Department under Part 122 of the International Traffic In...more

Export Regulation Revisions: Harmonization of Destination Control Statements

by Morgan Lewis on

New rules synchronize Destination Control Statements for EAR and ITAR. On August 17, both the US Commerce Department’s Bureau of Industry and Security (BIS) and the US State Department’s Directorate of Defense Trade...more

Trade & Manufacturing - News of Note - August 2016

by King & Spalding on

ITC Votes to Extend Antidumping Duties on Imports of Porcelain-on-Steel Cooking Ware from China for Five More Years - On July 12, the International Trade Commission (ITC) voted 5-0 to extend the U.S. antidumping duty...more

BIS And DDTC Revise Controls on Export of Toxicological Agents and Directed Energy Weapons

by BakerHostetler on

On July 28, 2016, the Department of Commerce’s Bureau of Industry and Security (BIS) and the Department of State’s Directorate of Defense Trade Controls (DDTC) issued final rules implementing revisions to U.S. export controls...more

Company Fined $100,000 for Export Violation Involving H-1B Employee

Microwave Engineering Corp., a Massachusetts-based microwave components company, has agreed to pay a $100,000 penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) for allowing an H-1B...more

Contracting Globally - Part 2: International Traffic in Arms Regulations

by PilieroMazza PLLC on

There are two major regimes that govern exports from the United States. One is the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce’s Bureau of Industry and Security and, second, the...more

BIS and State Department Issue Rules on Key Export Control Definitions and Cloud Computing

by BakerHostetler on

On June 3, 2016, the Department of Commerce’s Bureau of Industry and Security (BIS) and the Department of State’s Directorate of Defense Trade Controls (DDTC) issued new rules revising existing definitions and adding new ones...more

Export Control Reform Offers Revisions to Key Terms, and DDTC Increases Penalty Authority; More Work Remains (Part 1)

On June 3, 2016, the U.S. Department of State, Directorate of Defense Trade Controls (DDTC) and the Department of Commerce, Bureau of Industry and Security (BIS) issued changes to the International Traffic in Arms Regulations...more

US Terminates Arms Embargo Policy for Vietnam

On May 23, 2016, during President Obama’s visit to Ho Chi Minh City, the United States announced the termination its long-standing arms embargo policy for Vietnam. Exports of defense articles and defense services to Vietnam...more

DOJ Guidance on Navigating between a Rock – Export Controls – and a Hard Place – Employment Nondiscrimination

by BakerHostetler on

U.S. companies, particularly defense and other high-tech companies, have long faced challenges of how to comply with both the deemed export rule, which may require employment discrimination in very limited circumstances, and...more

ACE Deadline Reminder for Imports and Exports

On February 28, 2016, those involved with imports and exports are preparing to undergo a major transition. As of that date, all entries must be filed using the new Automated Commercial Environment (ACE) system. ACE not only...more

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Cybersecurity

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