ATV Program and ITAR – from Space.com
 From Space.com –
Read more at Space.com  Â
Posted on May 22nd, 2007 by keeton
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DDTC – Partial List of Arms Embargo Against Somalia
Â
 from ExportLawBlog.com
The Directorate of Defense Trade Controls (â€DDTCâ€) announced today that it was amending section 126.1 of the ITAR to reflect a partial lifting of the arms embargo against Somalia. These amendments are being adopted to implement revisions made to the Somalia arms embargo by U.N. Security Council Resolution 1744 adopted on February 21, 2007. Thee three month delay in announcing the amendments, which have not yet even been published in the Federal Register, indicates that revising the arms embargo on Somalia was not exactly put on the front burner at DDTC.
Read more at ExportLawBlog.comÂ
Posted on May 16th, 2007 by keeton
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San Jose Man Faces 100 Years For Alleged Dual-Use Violation to China
A San Jose Man faces 100 years imprisonment – and his company, Data Physics Corp. -Â is being pursued by the Department of Commerce for dual use violaitons. The firm alledgedly sent stress-test shaking machines – typically used for commerical ends – to a missle factory in China. Read more at KNX1070.com.
Posted on May 14th, 2007 by keeton
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Chi Mak Case Verdict—Guilty
“Mak said he believed he was doing nothing wrong by giving the documents to his brother to take out of the country because they were papers that had been presented previously at international conferences. The government, however, alleged the documents were export-controlled and couldn’t fall into foreigners’ hands.”
This is the case that may redefine the meaning of “public domain†read the excellent ExportLawBlog coverage on this. The following is a AP report from the cox.net.Â
| California Jury Convicts Engineer of Conspiring to Steal U.S. Military Secrets for ChinaÂ
05-10-2007 8:05 PM SANTA ANA, Calif. (Associated Press) –Â Jurors convicted a Chinese-born engineer Thursday of conspiring to export U.S. defense technology to China, including data on an electronic propulsion system that could make submarines virtually undetectable. Â Chi Mak also was found guilty of acting as an unregistered foreign agent, attempting to violate export control laws and making false statements to the FBI. Prosecutors had dropped a charge of actually exporting defense articles.When the verdict was read, Mak at first showed no emotion but then appeared to hold back tears as defense attorney Marilyn Bednarski teared up and rubbed his back. Defense attorney Ron Kaye’s face was flush. Mak faces up to 35 years in prison when he is sentenced Sept. 10.
The government accused Mak, a naturalized U.S. citizen, of taking thousands of pages of documents from his defense contractor employer, Power Paragon of Anaheim, and giving them to his brother, who passed them along to Chinese authorities over a number of years. Â Mak, 66, was arrested in 2005 in Investigators said they found three encrypted CDs in their luggage that contained documents on a submarine propulsion system, a solid-state power switch for ships and a Power Point presentation on the future of power electronics. Chi Mak’s wife, brother and other relatives also have been indicted and are to go on trial together June 5. Mak acknowledged during the trial that he copied classified documents from his employer and kept copies in his office. He maintained he didn’t realize at the time that making the copies was illegal. Kaye said the defense team still believes Mak is innocent. “We believe the facts of the case have been manipulated, and we believe Mr. Mak didn’t necessarily get a fair trial,” Kaye said. In many instances, the government was allowed to present classified information to U.S. District Judge Cormac Carney in his chambers, and the defense team did not receive some classified information about a request by the FBI to bug Chi Mak’s house, Kaye said. “We were confident from the start and we’re very happy with the verdict,” Assistant U.S. Attorney Greg Staples said. Â Staples said the government may use the verdict to try to negotiate plea bargains with Mak’s indicted family members, who pleaded not guilty.The six-week trial featured testimony from a parade of FBI agents, U.S. Navy officials and encryption and espionage experts.Key to the case was the government’s allegation that Mak confessed to the conspiracy _ and even identified his Chinese government handler and specific restricted documents _ during an untaped jailhouse interview two days after his arrest. Mak testified he never confessed during that interview, but admitted that he lied repeatedly in an earlier taped interview about the number of times he had visited China and when he told authorities he didn’t have friends or relatives there. He said he felt intimidated during the interrogation. Â “This is why I lied,” he said. “They were pushing me that night.” Mak’s attorneys had focused on the propulsion system documents found in his brother’s luggage at Los Angeles International
 Mak said he believed he was doing nothing wrong by giving the documents to his brother to take out of the country because they were papers that had been presented previously at international conferences. The government, however, alleged the documents were export-controlled and couldn’t fall into foreigners’ hands. |
Posted on May 10th, 2007 by keeton
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DoD May Join Defense Industry in Push To Reform U.S. Export Rules, reports DefenseNews.com
Or so screamed the headline…
Say what? The Department of Defense wants to loosen export restrictions “that keep military technology out of the hands of U.S. Allies.†reports DefenseNews.com.
How odd. But a close reading of this article, from DefenseNews.com, reveals that this is an interpretation, or one man’s guess, if you will, as to why DOD hired a think tank to study export regulations.
“Spurred by complaints by the
Posted on May 10th, 2007 by keeton
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Export Encryption Rules and You
Here’s a nice little primer on the export controls of encryption from IBLS – Internet Business Law Services, “Internet Law – Other Legal Issues Regarding Cryptography and Encryptionâ€
“The United States government is very concerned about the exportation of both encrypted messages and encryption capabilities through software. Government officials fear that the software and messages could be used by anti-American groups to harm the US.â€
Posted on May 10th, 2007 by keeton
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US Export Rules To Be Reconsidered…
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Read ExportLawBlog’s take on this breaking story – “Rift Between DoD and DDTC Exposed!”
 CSIS Press Release:
WASHINGTON, May 8, 2007 – The Center for Strategic and International Studies (CSIS) has been asked by the Department of Defense to conduct an independent study to examine current U.S. export control regulations in light of the U.S. national security requirement to work with friendly and allied governments while maintaining appropriate and effective control of sensitive technology.
The CSIS study will draw on the perspectives of interested stakeholders from the Departments of State, Commerce, Treasury, Defense, the executive branch, Congress, and industry to participate and share their views. As part of the study, participants will review the relationship between globalization, technology innovation, defense relationships, export controls and national security in the 21st century and determine the most the efficient and effective process. The CSIS study is expected to take about eight months.
Read ExportLawBlog’s take on this – “Rift Between DoD and DDTC Exposed!”
Posted on May 8th, 2007 by keeton
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OFAC’s monthly civil penalty reports includes Free BIS Web Seminar May 15
A webinar to be held on export licensing by the Bureau of Industry and Security will describe your item’s specific license requirements, the destination of your item, the parties involved in the transaction and the end-use of the item.
>Â Learn how to determine your license requirements based on the item.>Â Learn what ECCN means to you and your company. Get help in filling out the licensing information on a SED or AES record.>Â Senior Electronics Engineer Brian Baker, Export Administration Specialist Kathleen Barfield, and Export Policy Analyst Timothy Mooney, will answer questions.
>Â Speak with experts from the Bureau of Industry and Security about export licenses.
More info… go to export.gov
Posted on May 8th, 2007 by keeton
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