DDTC Issues Proposed Rule Expanding the Scope of Activities That Are Not Exports, Reexports, Retransfers, or Temporary Imports

On December 16, 2022, the U.S. Department of State’s Directorate of Defense Trade Controls (“DDTC”) issued a proposed rule that treats two additional types of transactions as the following activities: No Exports, re-exports, reassignments, or temporary imports (“controlled events”) under the International Traffic in Arms Regulations (“ITAR”) (thus no approval is required). Two additional activities are No Here’s what constitutes a controlled event:

  • The removal of defense material outside a previously approved country by a foreign government’s armed forces or United Nations personnel for deployment or training exercises. or United Nations personnel; and (ii) no change in end-use or end-user with respect to the covered defense article.When
  • Further reexports or retransfers of foreign defense articles previously imported into the United States and subsequently exported from the United States pursuant to an ITAR license or other authorization. (ii) changes or modifications that alter the basic performance of the article before it is returned to the country of importation or to a third country; If not incorporated in a defense article.

DDTC is a proposed regulation, not previously specified in the ITAR, but its long-standing policy is that these two activities No controlled event. DDTC is accepting comments on the proposed rule here through February 14, 2023.

Paul Amberg

Paul Amberg is a partner in Baker McKenzie’s Madrid office, handling international trade and compliance issues. He advises multinational corporations on export controls, trade sanctions, anti-boycott regulations, customs law, anti-corruption law, and commercial law. Paul helps clients assess and address compliance risks posed by export controls, trade sanctions, anti-boycott regulations, customs and anti-corruption laws. His work includes internal examinations, voluntary disclosure requests and filings by the U.S. Government, particularly in relation to the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), trade and economic sanctions programs, and U.S. Customs. Focus on enforcement action. law.

Kim Shin Eun Kyung

Eunkyung has a wide range of regulatory and regulatory Advising clients on compliance and trade issues. Anti-Corruption Act (FCPA), and Foreign Bribery Laws.

Daniel Andreef

Daniel’s practice focuses on US economic and trade sanctions, export controls and anti-boycott laws, including those targeting Iran, Russia, Cuba, Syria and North Korea. He has represented clients in the Committee on Foreign Investment in the United States (CFIUS) national security reviews and has experience in federal court litigation and congressional investigations. His pro bono work includes advising global humanitarian NGOs on sanctions and export controls.

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