Ara Dolarian, owner of arms brokering company Dolarian Capital Inc., is facing criminal charges over the illegal brokering of arms sales, the Department of Justice said in a May 20 news release. Although the State Department denied applications from Dolarian to broker arms deals, the company "allegedly attempted to broker a multi-million dollar transfer of high‑explosive bombs, rockets, military-grade firearms, and aircraft-mounted cannons from Eastern Europe and South Africa to the government of Nigeria," said the U.S. Attorney’s Office for the Eastern District of California. "Without approval from the State Department, Dolarian allegedly accepted approximately $8.3 million from Nigeria and its broker," the DOJ said. Those funds were then funneled through numerous shell companies and were used by Dolarian to pay off various expenses, it said. Dolarian is alleged to have willfully violated the International Traffic in Arms Regulations prohibitions on "brokering activities" without State approval, according to the complaint.

Export Compliance Daily is providing readers with some of the top stories for May 6-10 in case they were missed.

The Directorate of Defense Trade Controls' Defense Export Control and Compliance System (DECCS) Commodity Jurisdiction application is live, the State Department said in a May 6 notice. The new system allows users to save commodity jurisdiction applications as drafts and return to them later. Users can also now download a PDF version of the submitted form for record keeping, State said. Commodity jurisdiction determinations allow users to determine whether a product or service is covered by the U.S. Munitions List and subject to International Traffic in Arms Regulations export controls, State said. All “DTrade Super Users with valid email addresses” were automatically enrolled in DECCS, the notice said.

Export Compliance Daily is providing readers with some of the top stories for April 22-26 in case they were missed.

The Aerospace Industries Association asked the Commerce Department for more time before it sets space-related export control regulations, in order to allow for its member companies to have "open discussions with the government," in comments filed in a Bureau of Industry and Security proposed rulemaking regarding the Commerce Control List for munitions. The trade group said it lacked an "industry consensus" on multiple changes being considered. The comments were solicited by State and Commerce after both requested public comments on a proposal for items listed on the U.S. Munitions List in categories IV and XV: launch vehicles and spacecraft. The proposal is part of a broader effort by the Trump administration to revive the National Space Council and review space-related export controls (see 1904180014). Comments were due April 22

The Automated Export System Trade Interface Requirements was updated to reflect the State Department's changes involving International Traffic in Arms Regulations for U.S. government transfers (see 1904180024), CBP said in a CSMS message.

The State Department's update to the International Traffic in Arms Regulations for U.S. government transfers (see 1904180024) marks "a huge and long awaited improvement," Arent Fox lawyers said in a blog post. Still, when exporting to countries on behalf of the U.S. government goods that will be received by someone outside the U.S. government, "you will still need to get a license or other approval in most cases," the firm said. According to Crowell Moring lawyers, the most significant change is "the government’s expanded use of contractor personnel in supporting [U.S. government] missions often involving foreign parties," according to a firm alert. "The exemption now expressly covers defense services and other exports by 'persons or entities in a contractual relationship with the U.S. Government' where use of the defense article or performance of the defense service is within the scope of such contract and where any one of three specified conditions exist and assure government control and oversight of the transfer."

A New Jersey defense contractor pleaded guilty to a charge of conspiracy to violate the Arms Export Control Act in U.S. District Court for the District of New Jersey, the Department of Justice said in a news release. Oben Cabalceta owned two New Jersey companies, Owen's Fasteners Inc. and United Manufacturer LLC. Cabalceta admitted to defrauding the Department of Defense by "providing military equipment parts that were not what he had contracted to provide and illegally accessing technical information because he was not a United States citizen," the DOJ said.

Officials from the State and Commerce departments underscored the importance of open communication and urged industry leaders to submit public comments as the two begin a review of space-related export controls under a Trump administration directive. At the April 17 public meeting at the Department of Commerce, several officials, including Commerce Secretary Wilbur Ross, said they were seeking public comments on an advanced notice of proposed rulemaking for both State and Commerce, specifically surrounding items listed on the U.S. Munitions List regarding categories IV and XV: launch vehicles and spacecraft, respectively. The notices were issued March 8; comments are due April 22.

The State Department is seeking Office of Management and Budget approval of the information it will collect through an “online case management system” that will consolidate several Directorate of Defense Trade Controls licensing forms, it said in a notice. The new DS-7788 will be used to review and adjudicate requests to export or temporarily import defense articles, defense services and related technical data. After the new system is implemented, DDTC will discontinue the use of several forms consolidated into the new DS-7788: the DSP-5, DSP-6, DSP-85, DSP-73, DSP-61, DSP-62, DSP-74, DS-6004 and DS-4294. Comments are due to State by June 18.