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Archive for the ‘ITAR Compliance’ Category.

Foreign National Licensing

If you have foreign national employees, it may be necessary to secure BIS or DDTC licensing for those employee to access controlled technical data and/or product.  Foreign national employees are employees who are neither U.S. citizens, lawful permanent residents (i.e. Green Card holder), nor an individual who is granted status as a “protected person” under 8 U.S.C. 1324b(a)(3). […]

Transition Deadline Approaching for Category VIII Agreements

October 15, 2016 will mark three years from the effective date of the Export Control Reform transition of Categories VIII and XIX. It is vital that all agreements including items that have transitioned to the EAR be amended, or alternative licensing secured, by that time.  If all items on your DDTC agreement have transitioned to […]

EAR/ITAR Definitions Rules

On June 3rd, the State and Commerce Departments released final rules revising export related definitions in the EAR and ITAR.  Definitions of export and re-export were harmonized across the two sets of regulations to ease the burden on exporters.  Additionally, definitions of release and retransfer were added to the ITAR, the latter of which is […]

Changes to DTrade forms and Agreement Guidelines

On March 31, 2016, DDTC announced that beginning April 15th a new edition of DTrade forms (Version 9.2) will be required.  This will effect DSP-5s, DSP-6s, DSP-61s, DSP-62s, DSP-73s, and DSP-74s. Old versions of the forms will not be accepted starting that date (April 15).   Additionally, on March 29, 2016, DDTC published Revision 4.3 […]

Canadian Exemption Provision

Exporters who use the Canadian Exemption provision (22 CFR §126.5) for the export of defense services should remember to have a written agreement with the Canadian recipient that satisfies the requirements of 22 CFR §126.5 and the accompanying Supplement No.1.  This agreement should limit delivery of the defense items being produced to DDTC registered company […]

State Department Registration

Any U.S. company that engages in the manufacture, export or temporary import of defense articles or furnishing of defense services is required to register with the Directorate of Defense Trade Controls (DDTC). Registering allows the government to know who is engaged in these manufacturing industries/activities as well as in export activities.  Registration is also a […]

New D-Trade Forms

A new batch of D-Trade forms, including the DS-2032, DSP-5, and DSP-6, were all released earlier this week. Beginning Thursday, November 26, 2015 previous versions of these forms will no longer be accepted.  The revision of these forms will extend the form expiration date. The new batch of forms are available online now via the […]

Canadian Exemption Provision: An Overview

The Canadian Exemption Provision (22 CFR 126.5) is a State Department exemption for the export without a license for items whose end use is in Canada or the United States. To utilize this exemption, items must be covered under the ITAR, Canadian parties must be registered with the Canadian Controlled Goods (CCG) Registration Program, and […]

ITAR Amendment- Clarifying registration/licensing requirements for U.S. persons with foreign employer

The comment period recently closed for a proposed ITAR amendment that would clarify registration and licensing requirements for U.S. persons providing defense services on behalf of their foreign employer. The purpose of this clarification by the DDTC is to establish when U.S. persons are covered by licenses previously acquired by their foreign employer and if […]

Merger, Acquisition & Divestiture

If you are a State Department registered company, it is important to consider the State Department requirements in the event your company engages in a merger or acquisition. If the sale or acquisition involves an ITAR registered entity or business (i.e. product line) of an entity, the burden is on the seller to provide advance notification […]