On April 17, 2008, new legislation was introduced in the House of Representatives (“Securing Exports Through Coordination and Technology Act,” H.R. 5828) by Representatives Don Mazullo (R-IL) and Adam Smith (D-WA). This bill, which is intended to “enhance the reliability of information in the Automated Export System,” would significantly change the current AES filing environment. […]

Posted on May 1st, 2008 by keeton
Filed under: EAR, ITAR | Comments Off on H.R. 5828 Would Significantly Change the Current AES Environment

As a result of the current economic climate, U.S. exports are increasingly on the rise—so, too, are the potential penalties that may be levied against violators of the U.S. export laws and regulations. Not only have the various U.S. government agencies responsible for administering U.S. export controls committed themselves to a renewed increase in their […]

Posted on April 18th, 2008 by keeton
Filed under: EAR, ITAR | Comments Off on The Stakes of Export Noncompliance

What constitutes a defense service, product, data, et. al. subject to the International Traffic In Arms Regulation (ITAR)? Question: Missile Defense Agency faithfully stamps all ITAR controlled data; and, if said data is not stamped, it’s not subject to or controlled by the ITAR. Is this correct ? Answer: No, it is the character and […]

Posted on April 14th, 2008 by keeton
Filed under: ITAR | 3 Comments »

Although most export applications submitted to the State Department are for hardware, the most important and complex cases are for defense services. “Defense service” and “technical assistance agreement” are terms the ITAR extends beyond the normal meaning of the words “service” and “assistance.” For example, if a U.S. defense company provides controlled technical data to […]

Posted on April 14th, 2008 by keeton
Filed under: ITAR | 1 Comment »

Notice anything missing? Legends and Markings If you have been in the business of exporting for any length of time, no doubt you have noticed that folks don’t pay much attention to marking their documents. Now I have seen a marked increase in the Company Proprietary legend, but the words Export Controlled seem to evade […]

Posted on April 14th, 2008 by keeton
Filed under: EAR, ITAR | 2 Comments »

Developments Regarding The “Deemed Export” Rule Within the panoply of governmental strictures encompassing the American export control world, two foundational legislative planks are the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). The ITAR imposes specific requirements and restrictions on how corporations may conduct business in the international marketplace even before […]

Posted on April 2nd, 2008 by keeton
Filed under: ITAR | Comments Off on Developments Regarding The Deemed Export Rule

That’s not an Export…That’s my laptop!!! Avoiding the curse of the “Deemed Export”. One of the issues that seems to create great confusion and problems among those exporters of ITAR related products & information is the principle of “Deemed Exports”. With little effort, an unsuspecting USA manufacturer and/or exporter can find him/herself in trouble with […]

Posted on March 17th, 2008 by keeton
Filed under: ITAR | Comments Off on Avoiding Deemed Export

A commodity jurisdiction (CJ) needs to happen when a company exporting goods is either unsure whether their export is regulated by a government agency (the PMDTC in this case), or is unsure how to classify their good prior to export. What I know about commodity jurisdictions If you have to ask, your export will probably […]

Posted on November 29th, 2007 by keeton
Filed under: EAR, ITAR | 1 Comment »

My personal paradox when it comes to import export regulations, is that by the time I’ve familiarized myself enough to talk about things intelligently I’m so engrossed in the field that I assume everyone has the same knowledge base that I do. This comes into play on web sites like this where we start throwing […]

Posted on October 29th, 2007 by keeton
Filed under: ITAR | Comments Off on PMDTC Definitions for Beginners

So, you export military goods to another country huh? I’m sure you do everything by the rules yourself, but how many people do you have in your organzation? Does your secretary know what ITAR regulations are? What about your warehouse people? A common failure in many controlled export businesses is to forget to inform all […]

Posted on October 17th, 2007 by keeton
Filed under: EAR, ITAR | 1 Comment »