The Bureau of Industry and Security this week published two public comments it received on a May rule that proposed unilateral export controls on four dual-use biological toxins (see 2205200017). One comment, from Raytheon BBN, addresses the “feasibility of regulating access” to nodularin, brevetoxin, palytoxin and gonyautoxin, the four toxins that BIS said can be weaponized to kill people or animals, “degrade equipment” or damage the environment. The second comment, from Bill Root, a frequent public commenter during the agency’s technical advisory committee meetings, includes recommendations for revisions to the rule. Root also said the controls must be accompanied by “major changes” to the State Department’s International Traffic in Arms Regulations and “the regulations of other affected U.S. agencies.”
The State Department’s Directorate of Defense Trade Controls this week published two open general licenses to authorize reexports and retransfers of certain defense items and services to Australia, Canada and the U.K. The two authorizations, which are the first open general licenses issued by DDTC, will be valid starting Aug. 1 through July 31, 2023, as part of a new pilot program.
The Bureau of Industry and Security recently revoked export privileges for four people after they illegally exported defense items or weapons ammunition.
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Thomas Krueger, former director of strategic trade and nonproliferation on the National Security Council, has joined Akin Gump as a senior policy adviser, according to a LinkedIn post from firm partner Kevin Wolf. Krueger worked for a decade at the State Department, most recently as a senior policy adviser, before joining the NSC, where he served from 2020 to June 2022. Per his new firm, Krueger advises clients on compliance with the International Traffic in Arms Regulations and the Export Administration Regulations, along with transfer policies for emerging technologies.
The State Department’s Directorate of Defense Trade Controls posted the membership list for the 2022-2024 term of its Defense Trade Advisory Group. The list includes representatives from industry and academia who will advise DDTC on issues relating to its defense export regulations and operations.
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 the title or by clicking on the hyperlinked reference number.
The State Department published its spring 2022 regulatory agenda, including a new mention of a final rule that will expand the types of defense items and services that can be sent to Australia, the U.K. and Canada. The rule would specifically amend the International Traffic in Arms Regulations to expand certain trade under existing defense trade treaties between the countries, and would also amend the Canadian exemptions. Other changes will make “clarifying amendments and conforming updates” to Supplement No. 1 to part 126 of the ITAR, specifically to U.S. Munitions List Categories IV(i), manufacturing know-how, and Category XII, night vision entries. The agency hopes to issue the rule this month.
The State Department’s Directorate of Defense Trade Controls is preparing to publish several new export control rules, including one that will request feedback on U.S. Munitions List categories and another that will consolidate exemptions under the International Traffic in Arms Regulations. DDTC is also starting to review a more complex set of Ukraine-related export licenses after moving through some of the more straightforward applications earlier this year.
Sanctions and export controls attorney Susan Kovarovics, a former partner at Bryan Cave, has joined Akin Gump as an international trade partner in the Washington, D.C., office, the firm announced. Kovarovics' practice centers around compliance issues involving International Traffic in Arms Regulations, Export Administration Regulations, Office of Foreign Assets Control sanctions and the Foreign Corrupt Practices Act, the firm said.