What we’re talking about
Performance of export control classifications is a requirement for businesses conducting sales of products and services, even if the sale is conducted within the United States, because the customer may be a non-U.S. person. Classification of products provides a determination that a proposed transaction is allowed under federal regulations, is prohibited, or requires licensing or
The National Security Guardrails for CHIPS have been established by the U.S. Department of Commerce in an effort to prevent manufacturing subsidies for semiconductor manufacturing from being diverted into nations considered to be national security threats. The CHIPS and Science Act, originally published in March of 2023 is an incentive to enhance global supply chain
A Technical Assistance Agreement (TAA) is a requirement under the International Traffic in Arms Regulations (ITAR) when an organization exports a defense service, technical data, or the assembly of a defense article. A defense article is defined as an item or technical data that is enumerated in the United States Munitions List (USML). Other important
Integrating compliance of export law and immigration discrimination requirements under the Immigration and Nationality Act (INA) can be challenging. Employers who export items controlled under the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) must prevent the deemed export of technical data to non U.S. Persons while avoiding employment discrimination. Recently, both SpaceX
Controlled Unclassified Information (CUI) document marking requirements apply to a wide range of users who access information related to the U.S. government. CUI is unclassified information that requires safeguards or dissemination controls in accordance with governmental regulations and policies. CUI is categorized into 20 “Organizational Index Groupings” to address sectors such as Defense, Export Control,
Managing an Export Compliance Program (ECP) properly ensures its effectiveness. These programs are essential to the sustainability of a business. However, any plan, no matter how well conceived, is only as effective as its execution. Planning the Export Compliance Program Specific requirements for an Export Compliance Program are contingent on the types of products an
Regular training for export compliance is more important than ever. This is due to dynamic changes in export regulations and increased enforcement of those regulations. CVG Strategy offers up to date training for Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Our training is interesting and engaging for participants and allows ample
Matthew S. Axelrod, Assistant Secretary for Export Enforcement at the U.S. Department of Commerce, released a memorandum July 26, 2023, announcing changes in antiboycott reporting and compliance requirements. This announcement follows a series of similar memorandums from the Department of Commerce that have increased the intensity of export enforcement actions. History of U.S. Antiboycott Regulations
Voluntary Self-Disclosure policy updates were issued jointly by the Department of Commerce, Department of Treasury, and the Department of Justice. Under the moniker of Tri-Seal, the three agencies provided information about the self-disclosure process for violations of sanctions, export regulations, and other national security laws. These three agencies have been increasingly coordinating efforts to prevent
A Five Eyes export control agreement seeks to enhance the security concerns of Australia, Canada, New Zealand, the United Kingdom, and the United States by formally committing to coordinate export control enforcement efforts. Matthew S. Axelrod, Assistant Secretary of Commerce for Export Enforcement, stated that this will result in detentions, public identification, and penalties for
The Department of Defense (DoD) is addressing foreign influence in academia with the publication a foreign entities list that includes threats to U.S. national security. This was announced in an address from Heidi Shyu, Under Secretary of Defense for Research and Engineering (USD R&E). By adding this requirement for screening of potential partners, the Pentagon
During a recent address at the Ethics and Compliance Initiative Impact Conference, Marshall Miller, the Principal Associate Deputy Attorney General at the Department of Justice (DOJ), stressed Export Compliance diligence in ensuring compliance with export regulations. He further stated that as the agency continues enforcement efforts connected to United States national security investigations that they
Recent enforcement activities by the Bureau of Industry and Security (BIS) illustrate the importance of having a viable Export Administration Regulations (EAR) Export Compliance Program. These events including a 300-million-dollar penalty imposed on Seagate Technology earlier this year, are as Assistant Secretary for Export Enforcement Matthew Axelrod described, “a clarion call” for businesses to comply
BIS restrictions on technologies to the PRC are being put in place to limit China’s ability to enhance its military capabilities, according to Thea D. Roxman Kendler in testimony to the Senate Banking, Housing, and Urban Affairs Committee. Roxman is the Assistant Secretary of Commerce at the Bureau of Industry and Security (BIS) in charge
The Open General License (OGL) Pilot Program has been implemented by the Directorate of Defense Trade Controls (DDTC) to ease licensing requirements for reexport and retransfer of unclassified defense articles to pre-approved parties in the United Kingdom, Australia, and Canada. The current program is in effect from August 2022 to July 31, 2026, pursuant to
