First time DOJ has charged hacking as a violation of ITAR
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First time DOJ has charged hacking as a violation of ITAR

ByGTCrepost

In a keynote address at the Global Investigations Review Connect: New York conference on October 5, Principal Associate Deputy Attorney General John Carlin provided insights into future Department of Justice (“ DOJ ” or the “Department”) corporate enforcement. Of particular note, and which has been largely unnoticed, Carlin highlighted the Department’s heightened focus on sanctions and export…

First time DOJ has charged hacking as a violation of ITAR
| | |

First time DOJ has charged hacking as a violation of ITAR

ByGTCrepost

In a keynote address at the Global Investigations Review Connect: New York conference on October 5, Principal Associate Deputy Attorney General John Carlin provided insights into future Department of Justice (“ DOJ ” or the “Department”) corporate enforcement. Of particular note, and which has been largely unnoticed, Carlin highlighted the Department’s heightened focus on sanctions and export…

ITAR or EAR? Know Before You Export!
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ITAR or EAR? Know Before You Export!

ByGeorge W. Thompson

ITAR or EAR 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. In the following transcript George W. Thompson, International Trade Attorney discusses the consequences of this error and how it could have been…

ITAR Brokering Activities Demystified
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ITAR Brokering Activities Demystified

ByGTCrepost

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) fitting…

DDTC Consent Agreement Highlights Technical Data Export Challenges
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DDTC Consent Agreement Highlights Technical Data Export Challenges

ByGeorge W. Thompson

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 Traffic…

Settlements for Exports of Controlled Encryption Software to Iran
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Settlements for Exports of Controlled Encryption Software to Iran

ByGeorge W. Thompson

OFAC and BIS regulations 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. In the following transcript George…

BIS Puts the Squeeze on China, Russia and Venezuela
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BIS Puts the Squeeze on China, Russia and Venezuela

ByGeorge W. Thompson

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 with…

Export Controls on Personal Protection Equipment and Exceptions
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Export Controls on Personal Protection Equipment and Exceptions

ByGeorge W. Thompson

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 particulate…

Curbs on A.I. Exports? Silicon Valley Fears Losing Its Edge
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Curbs on A.I. Exports? Silicon Valley Fears Losing Its Edge

ByGTCrepost

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 common belief among tech industry insiders is that Silicon Valley has dominated the internet. Because much of the worldwide network was designed and built by Americans. Insiders worry that proposed…