On January 3, 2025, President Biden issued a National Security Memorandum (NSM) to update policy guidance for the Government of the United States’ implementation of the Missile Technology Control Regime (MTCR). The NSM directs the relevant executive branch agencies to provide increased flexibility for case-by-case review and facilitate support for certain MTCR Category I military
ITAR
DDTC Increase in Registration Fee Rates Become Effective
By Jana del-Cerro & Dilan Wickrema on
Posted in Directorate of Defense Trade Controls (DDTC), ITAR
On January 9, 2025, DDTC’s new registration fee rates become effective. This is the first time in fifteen years DDTC has increased the registration fees charged to those who are required to register with DDTC pursuant to the Arms Export Control Act. Pursuant to the final rule amending parts 122 and 129 of the ITAR…
DDTC Publishes ITAR Amendments to Implement the AUKUS Exemption
By Jana del-Cerro & Dilan Wickrema on
On August 20, 2024, the Department of State’s Directorate of Defense Trade Controls (DDTC) published an interim final rule to streamline defense trade between and among Australia, the United Kingdom (UK), and the United States in furtherance of the trilateral security partnership (the “AUKUS” partnership). The interim final rule implements the proposed rule DDTC published…
DDTC Publishes Amendments to the ITAR Definition of Activities That Are Not Exports, Reexports, Retransfers, or Temporary Imports
By Jana del-Cerro, Jeremy Iloulian & Aryn Gruneisen on
Posted in Directorate of Defense Trade Controls (DDTC), ITAR
On August 15, 2024, the DDTC published a final rule to expand the ITAR’s definition of “activities that are not exports, reexports, retransfers, or temporary imports.” The final rule implements the amendments the DDTC originally proposed on December 16, 2022 with six changes. The rule is effective on September 16, 2024 and codifies longstanding DDTC…
ITAR and EAR Proposed Rules Expand Controls on U.S. Person Services
On July 25, 2024, the U.S. Departments of State and Commerce issued new proposed rules that, if implemented, would (1) increase the restrictions associated with U.S. persons providing services in support of non-U.S. military-related end users / uses; and (2) implement new controls associated with exports, reexports, and transfers of items subject to the EAR…
DDTC Publishes Proposed ITAR Amendments to Enhance AUKUS Defense Trade
By Jana del-Cerro, Chandler Leonard & Dilan Wickrema on
Posted in ITAR
On May 1, 2024, the Department of State’s Directorate of Defense Trade Controls (DDTC) published a proposed rule that, if implemented, would streamline defense trade between and among Australia, the United Kingdom (UK), and the United States in furtherance of the trilateral security partnership (the “AUKUS” partnership).
State Department Publishes Fact Sheet on AUKUS Trade Authorization Mechanism
By Jana del-Cerro & Kelsey Clinton on
On July 10, 2023, the State Department released a Fact Sheet with additional details on the AUKUS Trade Authorization Mechanism (ATAM). ATAM appears likely to operate as a license exemption under the International Traffic in Arms Regulations (ITAR), leveraging the existing ITAR §126.4, to authorize transfers of certain approved categories of defense articles and…
Compliance Program Guidelines Issued by DDTC
By Jana del-Cerro & Edward Goetz on
Posted in Directorate of Defense Trade Controls (DDTC), ITAR
On December 5th, the Department of State’s Directorate of Defense Trade Controls (DDTC) issued new Compliance Program Guidelines (CPG) intended to provide an overview of an effective compliance program.
The CPG is broken down into elements covering the spectrum of ITAR compliance from company management commitment, registration, jurisdiction and classifications, authorizations, recordkeeping, violations…
BIS and DDTC Add Cambodia to their ‘Naughty’ List
On December 9, 2021, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) and the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) both issued final rules adding export restrictions on Cambodia.
BIS amended the Export Administration Regulations (EAR) to implement more restrictive export controls for Cambodia to ensure that items…
DDTC Adds Ethiopia to List of Proscribed Countries and Updates Restrictions applied to Eritrea.
On November 1, 2021, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) issued a final rule adding Ethiopia to the Proscribed Country List found in the International Traffic in Arms Regulations (ITAR) in § 126.1 and also updating the existing restrictions on Eritrea.
A policy of denial now applies to licenses (or…