The State Department’s Directorate of Defense Trade Controls significantly increased its end-user checks from 2019 to 2020, partially because the agency was able to dedicate more resources to its Blue Lantern program after it transferred certain gun export controls to the Commerce Department last year. In its annual Blue Lantern report released July 6 -- which details the agency’s end-use monitoring efforts on controlled defense articles and services -- DDTC said it initiated checks on 272 export licenses or applications during the 2020 fiscal year, an increase of more than 45% from 2019.
International trade lawyer Matt Lapin joined Porter Wright as a partner in the firm's Washington office, according to a June 28 press release. Lapin, previously with Torres Law, brings with him experience on export controls and international trade law, including compliance efforts with the International Traffic in Arms Regulations and Export Administration Regulations. He also advises on the Foreign Corrupt Practices Act and other domestic and international anti-bribery laws.
The State Department’s Directorate of Defense Trade Controls will perform scheduled maintenance on its Defense Export Control and Compliance System 10 a.m. to 2 p.m. EDT June 26, the agency said in a June 24 notice. Applications will be available during this time, but users “may experience disruptions,” DDTC said. The agency said users should access the system at a later time if “functionality” is affected.
The State Department published its spring 2021 regulatory agenda, including a new mention of an interim final rule that will seek industry feedback on new export controls for critical and emerging technologies (see 2105200061). The State Department said it will ask for comments on the “technology frontier” to help the agency identify “specific technology capabilities” that have evolved enough to warrant revisions to the International Traffic in Arms Regulations. The agency will use the comments to revise and exclude entries on the U.S. Munitions List and to “add entries for critical and emerging technologies.” The State Department plans to issue the rule in October.
Two U.S. citizens and three foreign nationals were indicted by a federal grand jury in Los Angeles for conspiring to illicitly ship defense articles to Russia, the Department of Justice said in a June 21 news release. The goods, allegedly exported without a license in violation of the Arms Export Control Act, include thermal imaging riflescopes and night-vision goggles. The five allegedly obtained the items using false names and addresses, then shipped the articles to Russian co-conspirators, DOJ said. The nightscopes and goggles are regulated under the International Traffic in Arms Regulations, making their illegal exportation a violation of the AECA. Elena Shifrin of Mundelein, Illinois, and Vladimir Pridacha of Volo, Illinois, were arrested June 17 for their roles in the nearly four-year scheme. The other defendants are Boris Polosin of Russia, Vladimir Gohman of Israel and Igor Panchernikov, an Israeli national residing in Corona, California, during much of the scheme.
Companies involved in export controlled technology should be careful not to violate anti-discrimination regulations in their job postings, which have become “low-hanging fruit” for U.S. enforcement officials, trade lawyers said. The lawyers said many companies subject to deemed export regulations inadvertently advertise that only U.S. citizens can apply for their job posting, which could invite penalties from the Justice Department.
The Commerce Department published its spring 2021 regulatory agenda for the Bureau of Industry and Security, including two new mentions of emerging technology rules and new export controls on certain camera systems.
The State Department again extended a temporary measure to allow employees involved in certain International Traffic in Arms Regulations-related activity to work remotely, the agency said June 9. The measure was first imposed in April 2020 in response to the COVID-19 pandemic (see 2004240017) and was renewed in December after proving popular with industry (see 2012100009). The latest extension, effective June 10, will allow companies to continue using the remote ITAR exemption until the State Department can finalize a rule proposed in May that would make the change permanent (see 2105260008). Comments on that proposed rule are due July 26.
The State Department announced debarments against seven people convicted of violating the Arms Export Control Act. The debarments, which will be imposed starting June 4, target Ronald Adjei Danso, Julian Alonso Higuera, Qingshan Li (see 2006150026), Si Mong Park (see 2009220055), Maritza Rubio, Wei Sun (see 2011180019) and Randy Lew Williams. All seven are “generally ineligible” to participate in activity controlled by the International Traffic in Arms Regulations for three years following their dates of convictions. At the end of that period, they must apply to be reinstated from their debarment before engaging in ITAR activities.
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