News & Analysis as of

International Traffic Arms Regulations

Recent Enforcement Actions Demonstrate Multinational Automotive Companies Should Conduct Risk Assessments

by Foley & Lardner LLP on

Regulators within the Trump administration have sent a loud message that should concern all multinational automotive companies: laws governing international activities continue to be the subject of intense enforcement...more

DDTC and BIS Propose New Rules to Continue Export Control Reform Initiative

by Kelley Drye & Warren LLP on

As part of the ongoing Export Control Reform initiative, the Directorate of Defense Trade Controls (“DDTC”) and Bureau of Industry and Security (“BIS”) has issued proposed rules that would move certain items currently...more

New Export Rules for Firearms and Ammunition – Opening the Door for More Commercial Sales

by Baker Donelson on

On May 14, the Department of Commerce’s Bureau of Industry and Security (BIS) in conjunction with the Department of State’s Directorate of Defense Trade Controls (DDTC) issued newly proposed rules regarding export...more

The Twelve Compliance Steps Every Multinational Corporation Should Undertake in Light of Recent Trump Administration Enforcement...

by Foley & Lardner LLP on

Over the last month, regulators with the Trump administration sent a loud message to companies subject to U.S. jurisdiction: Enforcement of laws governing international activities is alive and well and the laws will continue...more

FLIR Systems ITAR Settlement Outlines Important Export Compliance Factors (Part II of II)

by Michael Volkov on

The FLIR Systems settlement is an extraordinary event given the sheer number of violations, the systemic breakdown that occurred, and the absence of any meaningful compliance controls. ...more

State Department Announces Another Major ITAR Enforcement Case and $30 Million Penalty

by Williams Mullen on

On April 25, 2018 the Directorate of Defense Trade Controls (“DDTC”) announced another major enforcement case for violations of the International Traffic In Arms Regulations (“ITAR”). The case, involving FLIR Systems, Inc....more

FLIR Systems Pays $15 Million Civil Penalty for AECA and ITAR Violations and Earns First DTCC Monitor (Part I of II)

by Michael Volkov on

In an extraordinary enforcement action, the US Department of State reached a comprehensive settlement with FLIR Systems, Inc. (FLIR) to resolve violations of the Arms Export Control Act and the International Traffic in Arms...more

Trump Administration’s Clashes with China on Trade and Investment Demonstrate Importance of Vetting International Trade and...

by Foley & Lardner LLP on

If private equity and other investors were not aware of the power of the secretive Committee on Foreign Investment in the United States (CFIUS, or the Committee), its decision to reach out and quash the potential...more

Pitfalls to Be Aware of When Working with Inventions Funded Through Government Grants

by Workman Nydegger on

Sometimes a client’s technology is funded by a government grant, e.g., through a federal agency. Complex provisions governing ownership, disclosure, election, patent filing, and other requirements for such technology are...more

Mitigate Risk in Handling eDiscovery Data Subject to the U.S. Export Control Laws and Regulations

by Epiq on

The corporate world continues to see exponential growth in the generation of electronic data as a bi-product of business activity. Along with this growth come a number of responsibilities associated with the duty to...more

Cross-Border Data: Managing the Risks

by Epiq on

Focus on four areas to mitigate the danger of data transfer across borders - Cross-border data transfers are not only frequent, but often crucial components of everyday business. Today’s patterns of global data flow would...more

DDTC and BIS Solicit Comments Regarding Controls over Explosives, Personal Protective Equipment, and Military and Intelligence...

• DDTC and BIS have published concurrent NOIs requesting public comments on the controls over the export and reexport of explosives, personal protective equipment, and military and intelligence electronics. (By volume and...more

ITAR for Government Contractors - New Developments for 2018

by Williams Mullen on

ITAR is an important area of regulation for government contractors. This includes firms in the defense, technical services, information technology, cyber-security, military training and DOD-funded R&D fields. These...more

Navigating Violations in the Export Controls Minefield (Part 3 in a Series)

by Blank Rome LLP on

In the first two parts of this series, we covered companies’ obligations under U.S. export control laws, such as the Export Administration Regulations (“EAR”) governed by the Department of Commerce, Bureau of Industry and...more

Information filtration under the Export Administration Regulations

by Miller Canfield on

Information provides the cornerstone to the modern economy. Information flows across information technology networks similar to water naturally flowing down our mountains, into our streams and rivers, and out to the oceans....more

December 31 Deadline Approaching for Contractors Who Handle Export-Controlled Technical Information

by Williams Mullen on

Under DFARS Clause 252.204-7012, certain government contractors that store, process or transmit technical information that is controlled under the International Traffic In Arms Regulations (“ITAR”) or the Export...more

Risk Management in the Export Controls Minefield (Part 2 in a Series)

by Blank Rome LLP on

As the recent Bright Lights USA case demonstrates, export violations continue to be met by aggressive enforcement actions by U.S. government authorities. In Bright Lights USA, the U.S. State Department’s Directorate of...more

US Revokes Sudan Sanctions

On October 6, 2017, President Donald Trump and the U.S. Department of State announced the revocation of economic sanctions on Sudan, following the temporary lifting of sanctions on January 17, 2017. The announcement concluded...more

Red Notice Newsletter - Chinese

ANTICORRUPTION DEVELOPMENTS - Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action - On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more

Red Notice Newsletter - Russian

ANTICORRUPTION DEVELOPMENTS - Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action - On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical diagnostic...more

Red Notice Newsletter - September 2017

ANTICORRUPTION DEVELOPMENTS - Alere Inc. Agrees to Pay More Than $13 Million to Resolve SEC FCPA Enforcement Action - On September 28, 2017, Alere Inc. (“Alere”), a Massachusetts based manufacturer of medical...more

To Be Cyber Secure – May Not Mean You Are Export Secure

Ensuring that technical data is compliant with both export regulations and cybersecurity requires an understanding of what export controlled technical data/technology relate to and how they work together. The two major export...more

Luxembourg Space Resources Act: Paving the legal road to space

by Allen & Overy LLP on

Luxembourg sets out to become a global hub for the utilization of space resources - “Art.1. Space resources are capable of being owned.” By recognising this legal principle through the adoption on 20 July 2017 of the...more

Recent ITAR Case Sends Important Message to Small/Midsized Government Contractors

by Williams Mullen on

A State Department ITAR enforcement case announced last week involving a supplier of military spare parts sends a valuable message to small and mid-sized government contractors of every type. The case involves Bright Lights...more

Risks In The Common Practice Of Sending Technical Data Outside The U.S. — New Jersey Company Penalized $400,000

by Kelley Drye & Warren LLP on

Does your company source components or parts outside the U.S.? When doing so, you need to be careful about sending unlicensed export controlled technical data like drawings, blueprints and manufacturing instructions as part...more

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