A United States manufacturer of electronic test and measurement equipment and software mistakenly exported ITAR-controlled software under the EAR instead, resulting in a Consent Agreement and civil penalty of $6,600,000. Watch as George W. Thompson, International Trade Attorney discusses the consequences of this error and how it could have been avoided. You can read theRead More »ITAR or EAR? Know Before You Export!
Part 129 of the International Traffic in Arms Regulations (“ITAR”) requires certain persons engaged in “brokering activities” to register with and pay a fee to, the U.S. Department of State Directorate of Defense Trade Controls (“DDTC”). ITAR Part 129.2 broadly defines “broker” as any person engaging in “brokering activities” (discussed in greater detail below) fittingRead More »ITAR Brokering Activities Demystified
It’s my long-held position that technology controls present the most challenging export compliance challenge. Last month’s consent agreement between the Directorate of Defense Trade Controls and Honeywell International illustrates my point quite well. As we’ll discuss, Honeywell fell into three of the most common traps for unauthorized exports of controlled information. Companies subject to the International TrafficRead More »DDTC Consent Agreement Highlights Technical Data Export Challenges
SAP, a German multinational software corporation with a significant U.S. presence, recently settled allegations that it violated OFAC and BIS regulations concerning exports of software, upgrades, and patches from the United States to Iran and Iranian companies. The settlement amounts totaled in excess of $6.4 million. Watch the video as George W. Thompson, International TradeRead More »Settlements for Exports of Controlled Encryption Software to Iran
Amendments to the Export Administration Regulations may seem so dry and pedantic to non-specialists. The bureaucratic jargon, references to dry-as-dust sub-subsections, and wooden prose can mask legal changes with important consequences. I’ll leave it to you, Gentle Readers, to consider whether the Bureau of Industry and Security’s three new and proposed rules restricting trade withRead More »BIS Puts the Squeeze on China, Russia and Venezuela
Around the same time the Food and Drug Administration was loosening import requirements for such Personal Protection Equipment as masks and respirators, the Federal Emergency Management Agency imposed export controls on many of the same items. FEMA’s Temporary Final Rule limits exports of N95 filtering facepiece respirators, other filtering facepiece respirators, elastomeric, air-purifying respirators and appropriate particulateRead More »Export Controls on Personal Protection Equipment and Exceptions
The Commerce Department is considering national security restrictions on artificial intelligence. Some worry they could stunt the industry in the U.S. SAN FRANCISCO — A… Read More »Curbs on A.I. Exports? Silicon Valley Fears Losing Its Edge