A set of new rules released last week by the Commerce and State departments will reduce licensing requirements for exports of certain space-related items to a range of U.S. trading partners and propose to transfer export control jurisdiction over other space-related defense items from the State Department to the Commerce Department, lowering trade barriers faced by the commercial space industry for years.
ITAR
The International Traffic in Arms Regulations is a framework under which the U.S. administers controls on the export and temporary import of defense articles, defense services and brokering activities. The regulations, which are administered by the State Department's Directorate of Defense Trade Controls (DDTC), include the U.S. Munitions List, which sets forth articles and related technical data subject to the jurisdiction of the ITAR.
The U.S. will soon reduce licensing requirements for exports of certain space-related items to a range of countries and may transfer export control jurisdiction over other space-related defense items from the State Department to the Commerce Department, according to four rules released by the agencies Oct. 17. The rulemakings are designed to “modernize” U.S. export controls on space technologies, a senior Commerce official told reporters, including by easing restrictions on exports of less sensitive space technologies, certain spacecraft-related items and more.
Defense firm RTX Corp. will pay $200 million to settle alleged violations of U.S. defense export controls, the largest standalone export penalty ever issued by the State Department. RTX voluntarily disclosed the 750 violations, the agency said in a charging letter, most of which involved “historical” issues by an aerospace firm acquired by RTX in 2018.
The Pentagon should drop its outdated approach to technology security and export controls and allow American defense companies to work more efficiently with U.S. allies, a Defense Department advisory committee said in a new report this month. The committee said the agency needs major revisions to the way it treats restrictions under the International Traffic in Arms Regulations, warning that DOD is “failing to address shortcomings in international engagement amid a rapidly evolving global security landscape.”
New rules from the Commerce and State departments could lead to a range of new restrictions on U.S. support for certain foreign military intelligence and security services, increasing export licensing requirements for activities that could give U.S. adversaries a “critical military or intelligence advantage.”
The State Department fined Boeing $51 million after the company allegedly violated a range of U.S. export controls, including license requirements for exports to China and Russia. The violations, which Boeing voluntarily disclosed, included illegal exports to foreign employees and contractors working in more than 15 countries; a trade compliance specialist fabricating an export license to illegally ship defense items abroad; and violations of the terms and conditions of other export licenses, among other things.
Electronics distribution company Broad Tech System and its president and owner, Tao Jiang of Riverside, California, pleaded guilty Jan. 11 to participating in a conspiracy to illegally ship chemicals made or distributed by a Rhode Island-based company to a Chinese firm with ties to the Chinese military, the U.S. Attorney's Office for the District of Rhode Island announced. Jiang and Broad Tech admitted to violating the Export Control Act and conspiring to commit money laundering.
The State Department’s recently published fall 2023 regulatory agenda mentions rules that will update defense export controls and make other changes and clarifications to the International Traffic in Arms Regulations.
The State Department’s Directorate of Defense Trade Controls is drafting at least two rules to make “targeted revisions” to the U.S. Munitions List and is preparing to soon propose changes to its registration fees, said Timothy Betts, DDTC’s acting deputy assistant secretary. Betts also said the State Department is looking to hire a DDTC-dedicated attorney adviser and stressed the importance of defense companies having compliance buy-in from upper management.
The State Department this week announced the debarment of U.S.-based telecommunications company VTA Telecom to settle allegations it violated the International Traffic in Arms Regulations. The agency’s Directorate of Defense Trade Controls imposed the three-year debarment, which prohibits VTA from participating in any activities subject to the ITAR, after it said VTA illegally exported defense goods to Vietnam and gave false statements on export documents.