The Directorate of Defense Trade Controls will see a return to “normal order” under the Biden administration, with a stronger emphasis on export control cooperation with allies and collaboration at multilateral control regimes, said Mike Miller, a senior State Department official. Miller said the agency is “busy” implementing President Joe Biden’s foreign policy objectives and has seen “robust management” from administration officials.
The State Department is preparing to amend the U.S. Munitions List to update export controls surrounding weapons, spacecraft and military electronics, according to a senior State Department official. The agency also plans to issue another extension to allow employees involved in International Traffic in Arms Regulations-related activity to work remotely and is inching closer to publishing its first ITAR reorganization rule, said Mike Miller, the State Department’s deputy assistant secretary for defense trade in the Bureau of Political-Military Affairs.
Aerojet Rocketdyne, a rocket and missile propulsion manufacturer, settled a claim with the Department of Justice over whether the company did not allow a lawful permanent resident of the U.S. to apply for a position due to his immigration status. Aerojet violated the Immigration and Nationality Act's anti-discrimination provision when the company considered only U.S. citizens for 12 mechanic roles in Jupiter, Florida, without proper justification, DOJ said in a May 17 news release. Aerojet manufactures and sells advanced propulsion and energetics systems that are subject to federal regulations such as the International Traffic in Arms Regulations and Export Administration Regulations for its contracting work with the U.S. government and foreign companies.
The U.S. issued guidance last week to address industry uncertainty and a rising number of questions about export licensing jurisdiction for goods sent under its Foreign Military Sales Program. The guidance -- which includes frequently asked questions developed by Homeland Security, CBP and the Commerce, State and Defense departments -- was issued because the agencies “continue to receive questions” about exports that were moved from the U.S. Munitions List to the Commerce Control List but are exported under FMS authority. They said exporters are “having difficulty” understanding how Commerce’s Export Administration Regulations, the State Department’s International Traffic in Arms Regulations and the FMS Program “relate to each other” for goods that have recently transitioned from the ITAR to the EAR.
The State Department’s recent $13 million penalty against Honeywell International highlighted the importance of company employees closely following internal compliance procedures and treading carefully when dealing with China, law firms said. It also showed that the State Department is committed to targeting weaker compliance programs but will impose lenient penalties if violations are self-disclosed, the firms said. Honeywell signed a settlement agreement with the agency earlier this month after it illegally sent drawings of export-controlled parts for military-related items to potential customers in several countries, including China (see 2105040018).
More than 50 Democrats urged the Biden administration to keep State Department export controls over 3D printed guns, saying their transfer to the Commerce Department is “profoundly dangerous” and will allow “anyone to build untraceable firearms on demand.” The lawmakers, led by Sen. Ed Markey of Massachusetts and Rep. Grace Meng of New York, urged the administration to “place strict regulatory controls” over the weapons and their technical data.
The State Department fined a U.S. aerospace and technology company $13 million for illegally exporting technical data to several countries, including China, according to a May 3 order. Honeywell International sent drawings of parts for military-related items, including for engines of military jets and bombers, the agency said, all of which were controlled under the International Traffic in Arms Regulations. After discovering the violations, issuing a self-disclosure to the State Department and bolstering its compliance program, the company again illegally exported technical drawings, failing to abide by its improved compliance requirements, the order said.
Although a court opinion last week cleared the way for exports of 3D-printed guns to be removed from State Department jurisdiction, the guns will continue to be covered under the agency’s U.S. Munitions List until the ruling is made official, the State Department said.
The Bureau of Industry and Security fined a U.S. thermal imaging camera producer more than $300,000 after it violated the Export Administration Regulations by providing false and incomplete statements in support of a commodity jurisdiction (CJ) request (see 2103040065). The company, FLIR Systems, sought a determination that one of its newly developed products was subject to the EAR rather than the State Department’s International Traffic in Arms Regulations and withheld information in order to support that determination, BIS said. Along with the fine, FLIR agreed to conduct two BIS-monitored internal audits and won’t be granted export licenses until the audits are completed and the fine is paid, BIS said in an April 29 notice.
The Court of Appeals for the Ninth Circuit removed a preliminary injunction against the State Department in an April 27 decision, allowing the agency move 3D-printed weapons off the U.S. Munitions List and onto the Commerce Control List. A State rule issued in 2020 would have made that change, but it was partly blocked as part a lawsuit filed by 20 states.