International Traffic Arms Regulations

News & Analysis as of

ITAR For Government Contractors: Revised For Recent Amendments

One of the most important areas of regulation for defense contractors is the International Traffic In Arms Regulations (“ITAR”). ITAR are the State Department controls that regulate the defense industry. Companies regulated...more

Brexit, Export Controls, Preferential Trade and Sanctions Programmes – Strategies and Tactics for Success Post-Brexit

On June 23, 2016, the United Kingdom voted to exit the European Union in a historic referendum. Following the referendum, legal issues relating to export control, sanctions programmes, and preferential trade have arisen for...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

With the New Definitions Rules from Commerce and State, Do You Need to Change Your Export Compliance Program? (IRB No. 555)

The long-awaited definitions rules have finally arrived as part of Export Control Reform. But wait, they’re not all there—the definitions, that is. While Commerce addressed essentially all of the items included in its last...more

Contracting Globally - Part 2: International Traffic in Arms Regulations

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

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

Contracting Globally - Part 1: Export Administration Regulations

The potential for government contractors to grow and become successful outside of the U.S. is tremendous and should not be overlooked by small businesses. The world outside our borders is a critical marketplace that should be...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

The Export/Immigration Dilemma: Don’t Let OSC Catch Your HR Department Unawares

On March 31, 2016, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued a carefully worded technical assistance letter addressing the complex interplay...more

DOJ Civil Rights Division Underscores Risk of Discrimination Claims When Requesting Information from Applicants and Employees for...

On March 31, 2016, the Department of Justice’s Civil Rights Division (“DOJ”) issued a technical assistance letter (TAL) that highlights the potential for employers to create discrimination claims inadvertently when requesting...more

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

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

Foreign Filing License in a Nutshell

Foreign filing licenses do not typically require much attention in daily practice since the license is routinely applied for and granted as a matter of course in new application filings. However, in certain situations...more

Chinese National Pleads Guilty To Conspiracy To Commit Cyber Theft Of Export-Controlled Technology

On March 23, 2016, U.S. law enforcement authorities announced that Su Bin, a citizen of the People's Republic of China and a resident of Canada, pleaded guilty to conspiracy to violate the Arms Export Control Act, the...more

Deadline for Submitting Comments on ITAR Agreement Guidelines Is Approaching

On January 6, 2016, the U.S. State Department Bureau of Political Military Affairs, Directorate of Defense Trade Controls, Office of Defense Trade Controls Licensing (DTCL) published a new version of the Guidelines for...more

"Insights Conversations: Developments in US Export Controls"

The U.S. export control system has undergone major reform in recent years, and companies have experienced both increased enforcement of export control laws and fines for violations, with more changes on the way. Skadden...more

Lawyer Sues DDTC Over "Public Domain"

A New York City attorney is suing the U.S. State Department over a proposed change to the International Traffic in Arms Regulations (ITAR). The change pertains to how the regulations define “public domain,” and, if...more

"Key Takeaways: The Latest Developments in US Export Controls - Export Control Reform and Compliance Strategies"

On October 22, 2015, Skadden presented a webinar titled “The Latest Developments in U.S. Export Controls: Export Control Reform and Compliance Strategies.” Guest speakers were Benjamin Turkel, trade compliance counsel at...more

U.S. Files Criminal Complaint Against Individual For Alleged ITAR Violations

On November 4, 2015, the United States Attorney's Office for the Central Division of the District of Utah filed a criminal complaint against a citizen of India, Kolar Rahman Anees Ur Rahman, alleging that he violated the Arms...more

Red Notice Newsletter - October 2015

Welcome to the October 2015 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month on the anticorruption front, a Japanese multinational conglomerate settles U.S. Securities and Exchange...more

More Cybersecurity Rules

This update will cover two things: (1) the new (yes, again) Department of Defense cybersecurity interim/final rule on reporting cyber incidents by contractors / subcontractors and (2) the money to fund these new rules and...more

Proposed Amendments Provide Data Security Standard Under ITAR and EAR

The Commerce and State Departments have issued long-awaited proposed regulations that provide data security standards for use in the transmission and storage of ITAR-controlled and EAR-controlled electronic data. If enacted...more

State Sponsor of Terrorism Amendment Made to EAR Regarding Cuba

Amendment triggers change in EAR de minimis level for controlled US-origin content in foreign made products. On April 14, US President Barack Obama submitted to Congress the statutorily required report indicating the...more

Export Control Reform Roundup – Overview of Recent Developments

In This Issue: - I. BIS and DDTC Publish Their Respective Proposed “Bookend” Controls on Toxicological Agents and Directed Energy Weapons - II. BIS and DDTC Publish Their Respective Proposed “Bookend” Definitions...more

Trade & Manufacturing - July 2015

In This Issue: - Update on Trade Promotion Authority and Companion Trade Bills: A Lot Can Happen In Washington In 34 Days - Congress Allows Export-Import Bank Charter to Expire, for Now - WTO Finds That COOL Is...more

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