The State Department’s Directorate of Defense Trade Controls has resolved an outage that impacted its customer service email address last week, the agency said, adding that it’s processing emails sent during the outage in the order they were received.
Australia last week unveiled proposed reforms to its export control requirements and penalties as it works to harmonize its defense trade regulations with the U.S. The proposals, which include a one-week public comment period, would establish an “export license-free environment” for certain defense and technology trade with the U.S. and the U.K. and criminalize certain violations of Australian export control requirements. The proposals specifically include a new “national exemption” from certain export permit requirements for parties from the U.S. and the U.K., Australia said.
The State Department’s Directorate of Defense Trade Controls is seeking public comments on an information collection related to requests for advisory opinions. DDTC said exporters and others can request an advisory opinion from DDTC to determine whether the agency would likely grant a license for the export of a particular defense article or defense service, or to ask DDTC to interpret other requirements under the International Traffic in Arms Regulations. Public comments are due Dec. 11.
The State Department’s Directorate of Defense Trade Controls sent a proposed rule for interagency review that could amend certain language in the International Traffic in Arms Regulations. The rule, sent for review Nov. 5, would specifically make revisions to definitions and export controls related to defense services.
The House on Nov. 1 voted 363-46 to pass a bill that would impose sanctions on any person, entity or state that offers financial or material support to Hamas and its affiliates. Along with financial sanctions, the bill calls on the president to block exports of any item on the U.S. Munitions List or Commerce Control List to any foreign state that provides support or “engages in a significant transaction” with Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den or “any affiliate or successor thereof.” The administration would also have to submit regular reports to Congress detailing the “disposition of the assets and activities” of those groups, a list of foreign states knowingly giving them support and more. The legislation includes certain exceptions, including for humanitarian aid.
After years of asking for U.S. defense export control reform, Australia is hopeful that change is finally imminent, said Arthur Sinodinos, Australia’s former ambassador to the U.S. before leaving the role earlier this year. Sinodinos, who said he helped oversee the creation of the Australia-U.K.-U.S. (AUKUS) partnership, said he believes Congress will soon pass pending legislation to reduce technology sharing restrictions, and Australia is pushing for “as big an exemption as possible.”
The State and Commerce departments are frequently seeing illegal exports of controlled items, including technical data, by companies that aren’t classifying their products correctly and may not realize they need a license.
American, Australian and British officials were pressed this week about why they haven’t sought to include other close allies -- including Canada, Japan or South Korea -- in an ongoing effort to reduce burdensome U.S. defense export control requirements. Speaking during a summit of government and defense industry representatives from more than 25 countries, the officials said reducing restrictions as part of the Australia-U.K.-U.S. (AUKUS) partnership has proven complicated, and the nations aren’t yet ready to expand the group.
Jenner & Block partner Rachel Alpert was tapped to serve as the chief counsel to the Treasury Department's Office of Foreign Assets Control, the firm announced on Oct. 24. Alpert has worked at Jenner & Block since 2021 and has fleshed out the firm's national security, sanctions and export controls practice, along with the human rights and global strategy practice. Her practice centered around export controls and sanctions proceedings under the International Traffic in Arms Regulations, Export Administration Regulations and OFAC regulations, among other things. Prior to working at Jenner & Block, Alpert worked as an attorney-adviser to the State Department and as counsel at Latham & Watkins.
The State Department’s Directorate of Defense Trade Controls last week released the presentation slides from its Defense Trade Advisory Group plenary meeting earlier this month. During the plenary, DTAG members heard updates on DDTC’s effort to revise U.S. Munitions List controls (see 2310120063), suggested ways to expedite license approvals for marketing demonstrations associated with foreign military sales (see 2310130032) and more.