Insights

U.S. to Withdraw from "Decaying and Rotten" Iran Nuclear Deal

By: Olga Torres, Managing Member, Derrick Kyle, Associate
Date: 05/09/2018

On May 8, 2018, President Trump announced the United States will withdraw from the Joint Comprehensive Plan of Action (“JCPOA”), commonly referred to as the “Iran Nuclear Deal,” which was adopted on October 18, 2015 and implemented on January 16, 2016 (“Implementation Day”). 

Steel and Aluminum Tariff Exemptions Extended...For Now

By: Jonathan Creek, Associate
Date: 05/07/2018

This article discusses the latest on tariff exemptions by the Trump Administration. 

DDTC Overhauls its Website

By: Torres Law
Date: 05/07/2018

On April 30, 2018, the Directorate of Defense Trade Controls (“DDTC”) announced it had launched a new, redesigned version of its website. This is the first time DDTC has made changes to its website in several years. The new website is designed to improve the navigation, searchability, accessibility, and improve the experience on mobile devices. The improvements are expected to continue in the future, as the Department of State seeks to improve and provide a more consistent experience across all Department sites. If you have any questions about the redesign, or where information is located on the new website, please feel free to contact us or DDTC’s response team at (202) 663-1282. To access the new website, go to https://www.pmddtc.state.gov/.

 

FLIR Enters Into Consent Agreement with DDTC

By: Olga Torres, Managing Member and Jonathan Creek, Associate
Date: 04/26/2018

On April 24, 2018, FLIR Systems, Inc. (“FLIR”) entered into a consent agreement with the Directorate of Defense Trade Controls (“DDTC”) for alleged violations of the International Traffic in Arms Regulations (“ITAR”). FLIR manufactures and exports advanced sensors and integrated sensor systems for various military and commercial platforms used to protect borders, gather intelligence, and protect critical infrastructure. Notably, the consent agreement was reached after FLIR submitted 18 voluntary self-disclosures (“VSD”) between 2008 and 2017.

Requirements for Steel and Aluminum Exclusion Requests Announced

By: Olga Torres, Managing Member, Jonathan Creek, Associate
Date: 03/19/2018

On March 19, 2018, the U.S. Department of Commcer ("DOC") published an interim final rule (“the Interim Final Rule”) listing the requirements for companies seeking product-based exclusions to the steel and aluminum tariffs previously announced by President Trump on March 8, 2018.

Tariffs on Steel, a Sign of Trade Wars on the Horizon

By: Olga Torres, Managing Member, Jonathan Creek, Associate
Date: 03/08/2018

On March 8, 2018, President Trump announced his decision to implement tariffs on steel and aluminum imports. These tariffs go into effect on March 23, 2018,[1] 15 days after President Trump’s announcement.

 

[1] In our initial publication of the article, we had a typographical error and stated the effective date was March 16. The correct date is March 23, 2018.

Census Bureau Requests Public Comments Regarding Routed Export Transactions

Date: 10/08/2017

On October 6, 2017, the U.S. Census Bureau’s International Trade Management Division (“ITMD” or “Census Bureau”) published an Advanced Notice of Proposed Rulemaking (“ANPRM”) seeking public comments regarding standard and routed export transactions.[1] The comment period will end on December 5, 2017. The Census Bureau is particularly interested in comments regarding the definition of a routed export transaction and the responsibilities of parties in routed export transactions. 

 

[1] Foreign Trade Regulations (FTR): Request for Public Comments Regarding Standard and Routed Export Transactions, 82 FR 46739 (proposed Oct. 6, 2017) https://www.federalregister.gov/documents/2017/10/06/2017-21569/foreign-trade-regulations-ftr-request-for-public-comments-regarding-standard-and-routed-export#h-7.

Trade Alert: DDTC: 07-29-2016

Date: 07/29/2016

The Office of Defense Trade Controls Director, Sue Gainor, has announced her departure. Her exact departure date and her replacement are not yet known. 

Trade Alert: DDTC: 07-28-2016

Date: 07/28/2016

The Directorate of Defense Trade Controls (DDTC) published revisions to United States Munitions List (USML) Categories XIV (Toxicological Agents) and XVIII (Directed Energy Weapons). Commerce published a parallel final rule a well.

Trade Alert: BIS: 07-22-2016

Date: 07/22/2016

The Bureau of Industry and Security (BIS) recently published a final rule on penalty determinations, which became effective July 22, 2016. The rule outlines the factors that the Office of Export Enforcement (OEE) considers when setting penalties and on deciding whether to pursue administrative charges. According to BIS, the objective of this rule is to make penalty determinations more predictable and in line with penalties issued by the Treasury Department’s Office of Foreign Assets Control (OFAC). 

Trade Alert: DDTC: 07-22-2016

Date: 07/22/2016

In response to questions from gunsmithing businesses, on July 22, 2016, DDTC issued guidance confirming registration is not required for certain activities that do not meet the ordinary, contemporary, common meaning of “manufacturing” under the ITAR. 

Trade Alert: DDTC: 07-21-2016

Date: 07/21/2016

On July 21, 2016, DDTC published public comments submitted by industry regarding the Interim Final Rule amending the ITAR and harmonizing certain ITAR and EAR definitions. 

Trade Alert: DDTC: 07-15-2016

Date: 07/15/2016

On July 15, 2016, DDTC published information regarding the relaunching of its company visit program (CVP). CVPs are in-person visits by Directorate of Defense Trade Controls (DDTC) staff to conduct outreach, or pursuant to a consent agreement. The visits are not audits. Although the agency claims these visits are performed to provide guidance and training to companies and are not investigative in nature, companies should take these visits seriously. If DDTC discovers a potential violation it could “recommend” companies file disclosures. Please note that the CVP is different from the “Blue Lantern” program, which consists of end-use checks by embassy personnel overseas and focus on end-user and end-use verifications related to DDTC authorizations. 

Trade Alert: DOJ: 07-08-2016

Date: 07/08/2016

On July 8, 2016, the Department of Justice issued a press release regarding a recent criminal case involving a Chinese national sentenced to 15 months in prison for conspiring to sell “fake” integrated circuits to a U.S. buyer. The Chinese national, and his co-conspirators, approached a U.S. person to order integrated circuits which had military applications, including radiation tolerance for uses in space. After being told that these integrated circuits could not be exported to China, the conspirators proposed to supply fake integrated circuits to replace the ones they intended to steal. 

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