Previous Articles by Kathryn ToomeyD-Trade 2: Transitioning to Electronic Licensing Agreements
1/11/2010 - by Kathryn Toomey In October 2009, the State Department’s Directorate of Defense Trade Controls (DDTC) began accepting electronic export licensing agreements via the D-Trade 2 v2.2 system. Exporters are still allowed to submit agreements via paper form, but it is estimated that electronic submission will be mandated at some point in 2010.
EAR/ITAR: The Deemed Export Rule
12/7/2009 - by Kathryn Toomey Companies must understand that even the slightest exposure of technology or information by a company to any foreign national can trigger the deemed export rule and cause the company to violate U.S. export regulations. Such a release could cause criminal and civil penalties as well as imprisonment for employees involved in the violation.
EAR/ITAR Risk Assessments: Handling Risks, Improving Performance and Generating ROI
11/16/2009 - by Kathryn Toomey In today’s post 9/11 regulatory climate, if you are operating your exporting and importing business without a serious eye focused on regulations, you are setting yourself up for serious consequences and are in for a long, hard bumpy ride. It will be a ride that will certainly have you the benefactor of fines and penalties, or worse, wearing orange jumpsuits. In addition, the new administration has some interesting perspectives on suspension, debarment and trade enforcement. The days of flying under the radar are long gone. No company is immune from enforcement actions, especially the small to medium-sized businesses and mom & pop operations.
A Top-Level Look at the International Traffic in Arms Regulations (ITAR)
5/18/2009 - by Kathryn Toomey Today, many defense companies have already expanded their client base worldwide by selling their military goods or services abroad. While this may be good business for the company, it may not be good for the national security of the United States. All businesses dealing in exports or imports of defense articles and services of any nature must first always ensure that they are fully compliant within the rules and regulations of the United States Department of State, Directorate of Defense Trade Controls, the International Traffic in Arms, the United States Munitions List, the United States Code and the Code of Federal Regulations.
Registration Requirements Under ITAR
4/13/2009 - by Kathryn Toomey The U.S. government wants to know every person or company that engages in either manufacturing or exporting defense articles or furnishes defense services; the way they obtain such information is to require you register with the Department of State. This requirement also includes persons or companies who may never actually export their article or service but are the manufacturer of such. It also includes brokers, distribution outlets, parts companies and engineering and design firms who develop and/or supply ITAR controlled articles and services. It might seem far reaching, but it is a necessary step in protecting our national security.
What’s All the Hoopla About the United States Munitions List?
3/9/2009 - by Kathryn Toomey In simplest terms, the USML is a list of defense articles and services that are specifically designed, developed, configured, adapted or modified for a military application and do not have a predominant civil application or civil performance equivalent, have significant military or intelligence applicability, and are determined or may be determined as a defense article or defense service.
What are the International Traffic In Arms Regulations (ITAR)?
1/26/2009 - by Kathryn Toomey In today’s ever changing and dynamic economy, business executives face some daunting and challenging issues pursuing global opportunities to generate revenue. A myriad of U.S. laws and regulations exist regarding importing and exporting from the U.S. These laws and regulations are designed to comply with trade agreements, embargoes, sanctions and other political measures the U.S. has with other countries. Most importantly, these laws and regulations are designed to protect U.S. national security so the most sensitive information and technology does not get into the wrong hands. This includes laws and regulations prohibiting U.S. individuals and companies from engaging in business with prohibited/sanctioned countries and persons for various economic, financial, anti-terrorism and human rights issues.
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