Category Archives: Export Control Reform (ECR)

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Military Electronics Export Reform: Let the Chips Fall Where They May

Every time there is a new round of reforms under the President’s Export Control Reform initiative, we hear the same advice: Controls on certain items are eliminated or reduced (which creates new opportunities for manufacturers and exporters); but The new rules bring new complexities, so be careful. Attorneys in the export control space correspondingly inundate … Continue Reading

ECR Episode XI: Rewriting the Guide to the Galaxy – Satellites Passed to Commerce Control

Glancing through the fictional but fascinating Hitchhiker’s Guide to the Galaxy (Rsch. Ford Prefect; Pub. Megadodo Publications), one might recognize that the assertions therein are a bit confusing. Similarly, one might become confused when reviewing another, less whimsical, guide to the galaxy: the revised United States Munitions List Category XV – Spacecraft and Related Articles. … Continue Reading

ECR Episode IX: The Export Control Reform Turns One – What are Your Plans for the Big Celebration?

The Year Mark Apparently, it is now fashionable among my peers to host elaborate parties in honor of the first birthdays of their children. I have attended a number of these fêtes, and been impressed to just what lengths the parents will go to celebrate twelve months of growth and achievement for a Guest of … Continue Reading

Spacing Out: BIS Issues Report on Export Controls and the Space Industrial Base

In February 2014, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) published a report (“Report”) detailing the impact of export controls on the U.S. space industry.  Titled the “U.S. Space Industry ‘Deep Dive’ Assessment,” the Report addresses how U.S. export controls affect the space industrial supply chain.… Continue Reading

ECR Series Episode VII: Livin’ in a Materials World – Changes to USML Category XIII

Background If you manufacture or export Auxiliary Military Equipment controlled under Category XIII of the U.S. Munitions List, you may rightly consider the category number unlucky.  The current scope of Category XIII controls is broad and can be difficult to interpret.  The category includes SCUBA gear and might be read to cover materials for an … Continue Reading

ECR Series Episode VI: The One With Ewoks (And New Rules On Satellites)

By: J. Scott Maberry This fall, the U.S. Government will finish considering public comments on its draft revision of U.S. Munitions List Category XV, which covers “Spacecraft Systems and Related Articles.” By the end of 2013 (unless delayed by the continued government shut-down debacle) the final regulation should be published. The most important headline is that many satellite-related items will return to U.S. Department of Commerce control, where they resided prior to 1995. This change will provide opportunities and challenges to the U.S. satellite industry.… Continue Reading

ECR Series Episode V: Revisions to Naval Vessel and Military Vehicle Controls – A Regulatory Sea (and Land) Change

By: Reid Whitten First they came by air, now by sea and by land. On July 8, 2013, the U.S. Department of State published its final rule revising controls on naval vessels and military vehicles contained in the International Traffic in Arms Regulations (ITAR).   The changes will take effect on January 6, 2014 and will revise United States Munitions List Category VI (Surface Vessels and Special Naval Equipment), Category VII (Ground Vehicles), and Category XX, (now named Submersible Vessels and Related Articles)The final rule also makes changes to Category XII (Materials and Miscellaneous Articles) which are noteworthy and will be covered separately in an upcoming episode of this series. This article covers highlights of the regulatory changes for naval vessels and military vehicles, notes the pattern of the Export Control Reform revisions, and comments on how these changes may be important to you and your business.… Continue Reading

Export Control Reform Series Episode III: Harmonizing EAR Exceptions and ITAR Exemptions

By: Fatima Merchant Background In Episode 1 and Episode 2 of this series, we discussed some key points of U.S. Export Control Reform and took you through a step-by-step reclassification analysis of parts and components transitioning from the USML to the EAR.  After determining that the items you export will move from the USML to the CCL, you will need to evaluate your licensing requirements.… Continue Reading

Export Control Reform Series Episode IV: The New Definition of “Specially Designed”

By J. Scott Maberry In Episode I, “The Basics,” we showed you some of the basics of the President’s new export control reform initiative. In Episode II, we helped you understand how to make sense of the impending changes in U.S. Munitions List Category VIII aircraft parts. In Episode III, we took you thorough the critically important license exemptions and exceptions. And now, just as in the Star Wars epic, we come to the best part: Episode IV: the new definition of “specially designed.” … Continue Reading

Export Control Reform Series Episode I: The Basics – Five Points to Remember about Export Control Reform

By: Reid Whitten The first major wave of the much-discussed U.S. Export Control Reform measures will break on October 15, 2013 as the first round of rule changes take effect.  While many in the affected industries expect that the October changes will be a welcome relief from certain burdensome regulations, many are concerned, confused, and … Continue Reading

Export Control Reform Series Episode II: The First Change – Reevaluating your ITAR Aircraft Parts

By: Reid Whitten In Episode I: The Basics we noted that U.S. Export Control Reform may be causing confusion and consternation among those who will have to take the first theoretical rule changes and apply them in real and practical situations.  Among the first test subjects are those who oversee ITAR compliance for manufacturers and exporters of aircraft and aircraft parts.  While these brave souls will be the front line of the ECR implementers, those in the ranks behind (looking at you, Military Vehicles and Naval Vessels) will do well to learn from their experience.… Continue Reading
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