The Department of State published its spring 2019 regulatory agenda. The agenda includes a new mention of a proposal to amend the International Traffic in Arms Regulations to include definitions for "activities that are not exports, re-exports, or retransfers." The activities include "launching items into space; providing technical data to U.S. persons within the United States or within a single country abroad; and moving a defense article between the states, possessions, and territories of" the U.S., State said. The proposal also "removes from ITAR licensing requirements the electronic transmission and storage of unclassified technical data via foreign communications infrastructure when the data is secured sufficiently to prevent access by foreign persons." Under the proposal, State would also amend the ITAR to create definitions for “access information” and revise definitions of release to include “the improper provision of access information to foreign persons.” State is aiming to issue the proposal in September, it said.

The agenda also includes a rule that would revise Categories I, II and III of the U.S. Munitions List to include items that gives the U.S. a “critical military or intelligence advantage or otherwise warrant control at the highest level.” The rule states that exports of “commercially available firearms and ammunition,” removed from Category I and III, will continue to be controlled under the Bureau of Industry and Security’s Commerce Control List. State said the transition from the Munitions List to the CCL “will result in a net reduction in regulatory burden for the affected manufacturing and export community.” State aims to issue the rule in May 2019, it said.

The Department of Commerce published its spring 2019 regulatory agenda for the Bureau of Industry and Security. The agenda continues to mention an upcoming a long-awaited proposed rulemaking involving parties’ responsibilities under the Export Administration Regulations in a routed export transaction, saying the proposal will be published in May 2019. Sharron Cook, a senior policy export analyst for BIS, said in April the rule change will help solve some of the bigger frustrations with the current regulations faced by export forwarders (see 1904170064). BIS is aiming to issue the proposal in May, it said.

The State Department designated 22 people, entities or their subsidiaries under the Iran, North Korea, and Syria Nonproliferation Act for trading goods that may be used for weapons of mass destruction or ballistic missile systems, the department said in a Federal Register notice to be published May 22. The additions include people and entities associated or located in China, Iran, Russia and Syria.

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."