The State Department’s Directorate of Defense Trade Controls released an update last week to its guidance for U.S. persons providing defense services abroad. The documents include an updated guidance for U.S. persons abroad (USPAB) authorization requests, a new sample certification letter for USPAB authorization requests, a new USPAB submission letter template and an updated set of frequently asked questions.
The Commerce Department published its fall 2022 regulatory agenda for the Bureau of Industry and Security, including one new rule that will finalize new chip export controls against China and others that could revise chemical weapons reporting requirements, the Export Administration Regulations and the Entity List.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
New Manufacturing USA Institutes can help the semiconductor industry reduce costs and accelerate innovation, particularly in emerging technology areas that could soon be subject to export controls, chip companies and industry representatives said in comments to the National Institute of Standards and Technology. They also said the Commerce Department should bar foreign entities from working with Manufacturing USA Institutes if they are subject to U.S. export restrictions or have operations in certain countries, including China.
The U.S. District Court for the District of Maryland in a Dec. 22 opinion denied three Maryland men's post-trial motions seeking dismissal of their convictions, among other things, pertaining to their efforts to illegally export arms and ammunition to Nigeria. The court said Wilson Tita of Owings Mills, Eric Nji of Fort Washington and Wilson Fonguh of Bowie failed to prove that the U.S. Supreme Court's recent decision in New York State Rifle & Pistol Ass'n v. Bruen rendered unconstitutional the defendants' conviction on a charge of transporting a firearm with an obliterated serial number (U.S. v. Wilson Nuyila Tita).
Companies should closely review the State Department's recently released compliance program guidelines to make sure their own programs are up to date, Hogan Lovells said in a December alert. The firm also said the guidelines, which outlined key elements of an effective compliance program (see 2212060015), give the defense industry, universities and others involved in activities controlled by the International Traffic in Arms Regulations “insight into the regulator’s compliance expectations.” Because the guidelines are similar to those issued by the Bureau of Industry and Security and the Office of Foreign Assets Control, “organizations should expand their policies and procedures to confirm that these elements are captured if they engage in ITAR regulated activities,” the law firm said.
A bill that could move U.S. export control authority from the Commerce Department to the Defense Department reflects a lack of understanding of the export control licensing process and raises a number of questions about the future of U.S. export control regulations, Braumiller Consulting Group said in a recent post. Congress may want to devote more effort to holding Commerce and the Bureau of Industry and Security “accountable” under the Export Control Reform Act “rather than attempting to fix something that is working fine,” said the post, written by Craig McClure, a senior trade adviser with the firm.
The State Department’s Directorate of Defense Trade Controls will close its Response Team and Help Desk Dec. 26 due to the federal Christmas holiday, the agency said in a notice this week. Both will reopen 8 a.m. Dec. 27. “Due to the closure and depending on volume of inquires received, responses may be delayed through the following week,” DDTC said. “The processing of classified provisos for delivery may also be delayed.”
The Automated Export System soon will incorporate new response code 5C2 for when a commodity line in AES is reported with U.S. Munitions List Category XXI, but a commodity jurisdiction number is not reported, CBP said in a recent CSMS message. The new response message, which will be a fatal error, will be available in certification for testing Jan. 3 and “available in Production at a later date,” CBP said. “A follow-up message will announce when the messages will be active in Certification.”