End The Confusion About ITAR

Are you confused about DDTC Registration, does it apply to you? Not sure if an export requires U.S. Government authorization? Don’t know if your company manufactures parts that are “ITAR” or “EAR” Controlled? Does your compliance program cover the basics? Contact Aerospace Exports Incorporated at: Info@aerospaceexports.com Subscribe to AEI’s mailing list * indicates required Email […]

Aerospace Exports Incorporated

Export Compliance Program

Export Compliance Program Overview 1.Management Commitment Effective management support includes the provision of adequate resources to the compliance staff and support for compliance personnel’s authority within an organization. 2. Risk Assessment While there is no “one-size-fits all” risk assessment, the exercise should generally consist of a holistic review of the organization from top-to-bottom and assess […]

DOJ Publishes Guidance on Evaluating Corporate Compliance Programs

The DOJ Criminal Division Announces Publication of Guidance on Evaluating Corporate Compliance Programs Note these three questions extracted from the guidance document: 1. “Is the corporation’s compliance program well designed?“ 2. “Is the program being applied earnestly and in good faith?“ In other words, is the program being implemented effectively? 3. “Does the corporation’s compliance […]

Aerospace Exports Incorporated

U.S. Person, yes or no?

Answering your questions… “If my employee is not a U.S. citizen, does not have a Green Card but does have an EAD (Employement Authorization Document), are they considered a U.S. Person per the ITAR?” The answer is no.  Subscribe to AEI’s mailing list * indicates required Email Address * First Name Last Name

Technical Data, yes or no?

NOTE: These are used by AEI as internal tools only, they are not enumerated in the ITAR or EAR. If the drawing is of an item that is controlled by the ITAR, it may be considered technical data if it: Contains quantitative information; Was generated by independent R&D for military application; Was generated under a […]

Export Compliance Programs – Internal Audits

Export Compliance Program The BIS has posted great introduction videos. Check them out here at the Online Training Room: https://www.bis.doc.gov/index.php/compliance-a-training/export-administration-regulations-training/online-training-room Check out all of the videos, but organizations should take note to the video on the subject of the importance of organizations creating and maintaining an Export Compliance Program (ECP). The video emphasizes the eight […]

Best Practice: ITAR License Application

When preparing an application for a license, a best practice is to include more than one freight forwarder. The ITAR suggests that applicants should list all freight forwarders who MAY be involved with shipments under the license to ensure that the list is complete and to avoid the need for amendments after the listed has […]

Aerospace Exports Incorporated

Don’t Ignore Regulations

So this week we’re learning that the Commerce Department can start using new tools, such as undercover agents and wiretaps, to conduct investigations. This news should worry all those leaders in companies who continue to ignore the EAR & ITAR. Who is making your compliance decisions? What decisions need to be made in order to […]

Aerospace Exports Incorporated

Supply Chain Communication and ITAR

Is there uncertainty in your communications with your customers and suppliers regarding the jurisdiction of a commodity, whether it be subject to the EAR or ITAR? Uncertainty in communication is a risk to all involved, the suppliers, customers and community. When an organization doesn’t adequately perform it’s due diligence, it puts everyone at risk.    […]

Cascading Risk

If your involved with manufacturing Defense Articles then your organization is at risk that a supplier or customer may be involved in a violation to the ITAR. It is that simple, with the growing number of companies that are not ITAR compliant the risk of an inadvertent breach of the ITAR cascades faster and faster. […]

Aerospace Exports Incorporated

ITAR Visitor Tracking Tool

The road to ITAR & EAR compliance can start with a few simple questions, Where are we now? Is our Empowered Official knowledgable in the regulations? Are our processes supporting compliance or are there opportunities for escapes?  Here’s a question that is often asked, Do we have to screen visitors?  If your organization needs a […]

Aerospace Exports Incorporated

ITAR: Mandatory Disclosures

Not all disclosures are (in the true sense of the word) voluntary. There are some ITAR Disclosures that are mandatory which could mean an additional ITAR violation if not disclosed. Be sure to read and understand if these apply to your organization: § 123.17(j) If the articles temporarily exported pursuant to paragraphs (c) and (f) through […]

New AEI Course: Implementing ITAR/EAR into an AS9100 Management System

Course Number: 08-Mgmt9100 Course Title:  Implementing ITAR/EAR into an AS9100 Management System Course Description: This 8 hour course presents the regulatory requirements of the ITAR & EAR in conjunction with an AS9100 management system requirements that aligns the functional roles and responsibilities. The course is intended for those AS9100 registered organizations who perform –  Major […]

Aerospace Exports Incorporated

No “Fast Pass” for DDTC Registration From time to time organizations new the DDTC registration process ask AEI for help. I was recently asked by a prospective client if Aerospace Exports Incorporated could assist them with processing an “express” DDTC registration. I asked what they meant by express? They went on to tell me that […]

New to the ITAR?

  1. If there’s one thing AEI can do for you, what do you need help with? 2. What is one thing you want right now which will make your job easier? 3. If there’s one compliance blog post that I can write about to help you, what would that to be? 4. If AEI […]

Not DDTC Registered and you state that you ARE ITAR compliant?

Read 127.1(b)(3) about manufacturers… §127.1   Violations. (a) Without first obtaining the required license or other written approval from the Directorate of Defense Trade Controls, it is unlawful: (1) To export or attempt to export from the United States any defense article or technical data or to furnish or attempt to furnish any defense service for which […]

Where are the cyber security regs leading?

The DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Report requires the protecting of controlled unclassified information in nonfederal information systems and organizations (e.g. commercial sub-tier suppliers). The Good News is that this regulation has a limited scope of your “systems”: The security requirements apply only to components of nonfederal systems (e.g. commercial sub-tier […]

Here at AEI We Equip Our Clients

Are you equipped to avoid regulatory violations? Are you equipped to properly implement the DFARS? AEI equips it’s clients: By Introducing the regulations to their organizations In aiding in understanding the regulations In applying the the knowledge of the regulations into their processes Subscribe to AEI’s mailing list * indicates required Email Address * First Name […]

Aerospace Exports Incorporated

A Proverb

In every area of our businesses and lives the decisions we make can be a blessing or result in terrible consequences. Reading and learning the regulations and standards is step one, you need to understand, and when unsure,  seek advice. It is said that there is safety in a multitude of counselors.   Proverb: “A wise man […]

Aerospace Exports Incorporated

ISO 9001 & AS9100 Registrar Auditors: Stop Writing Poor Nonconformance Statements, Learn to Cite the Proper Paragraph of the ITAR or EAR

Auditors who are ignorant of the regulations and then who draft poorly written NC statements can damage the credibility of the Registrar. Registrars, have your auditors ever issued similar findings: “The process of ensuring that top management shall demonstrate leadership and commitment with respect to customer focus by ensuring that the customer and applicable statutory […]

Your Baby is Ugly

No one wants to here the words, your baby is ugly. When AEI is tasked to assess a client’s compliance processes, sometimes we have to tell the client that their processes, training and personnel have a hole large enough for a violation to escape. Yes, an escape can happen at any company at any time […]

Regulatory Requirements & Policy Conflicts

Organizations should closely analyze requirements from their customers who flow down regulatory requirements such as the FAR and/or DFARS to determine if conflicts exists. In an analysis of certain Defense Federal Acquisition Regulations Supplement, I noticed what could be a conflict for those organizations who may seek to use a Voluntary Disclosure as a result […]

Aerospace Exports Incorporated

Checklist for DFARS 252.204-7012

A few weeks ago AEI held a complimentary webinar explaining the Cyber Security and Reporting DFARS 252.204-7012 clause. During the webinar we demonstrated our checklist. Since the webinar we have been swamped for requests for the checklist. If you would like your own copy, please send us an email, provide your name and company name and we […]

Aerospace Exports Incorporated

Pomona California: Woman arrested on federal charges

On Tuesday, May 23, 2017 a woman with a rented office in Pomona California was arrested on federal charges that accuse her of conspiring to procure and illegally export sensitive space communications technology to her native China. Read the full DoJ News Release here: https://www.justice.gov/usao-cdca/pr/pomona-woman-arrested-federal-charges-allege-scheme-smuggle-restricted-space How did this person acquire devices that are commonly used […]

Aerospace Exports Incorporated

The Feds can do what?

Regardless if your company is publicly or privately held, the U.S. Government by using the Federal Acquisition Regulations can require and enforce cyber controls on your company networks. Your private networks. Learn if this Federal Acquisition Regulation applies to your firm.  Contact AEI at info@aerospaceexports.com   Subscribe to AEI’s mailing list * indicates required Email […]

Aerospace Exports Incorporated

Is Your Business At Risk?

Hundreds and possibly even thousands of small businesses were or are victims of cyber crime. The ransom ranges from hundreds into the thousands dollars.  So whether you are required by the Federal Acquisition Regulations or simply want to protect your business, consider this when you think about your cyber controls: What is the chance that […]

Aerospace Exports Incorporated

Performing an Effective Gap Analysis

The is a lot a talk about the upcoming Cyber Security requirement deadline in December 2017, yes, I’m referring to NIST SP 800-171. Many organizations are scrambling to assess their compliance. Most QA Managers are doing what comes natural, they are relying on the GAP ANALYSIS in order to measure their compliance. Performing a Gap analysis […]

Aerospace Exports Incorporated

Import Compliance

A prospect was boasting that they have someone in Mexico who assists them in completing the import paperwork. The prospect didn’t understand the transactions, the applicable regulations or the documents but they were happy. What could go wrong? Can you demonstrate compliance awareness through knowledge of the Customs Regulations and Harmonized Tariff Schedule of the […]

Aerospace Exports Incorporated

ITAR Compliance 101

Often larger aerospace OEMs/Primes ask us to assist or mentor a key sub-tier supplier in achieving ITAR Compliance. Once we are introduced (to the supplier) we start by having a conversation with the senior executives on what they manufacturer, number of employees etc., but inevitably during that first phone call we are asked straight-out “How […]

Aerospace Exports Incorporated

Quiz of the Week

What records must the Registrant keep available at all times? Must maintain records concerning the manufacture, acquisition and disposition (to include copies of all documentation on exports using exemptions and applications and licenses and their related documentation), of defense articles; of technical data; the provision of defense services; brokering activities; and information on political contributions, […]

Aerospace Exports Incorporated

Quiz of The Week

Empowered Officials, Are You Qualified Under §120.25? Attention Empowered Officials, would you like to test your knowledge? Send us an email with your answers to this short quiz and we will contact you with your results. We will also include a complimentary presentation: EO’s Guide To Compliance 1. Define a U.S. person: 2. Does “Directly Employed” include […]

Aerospace Exports Incorporated

DDTC Registration is NOT automatic compliance to the ITAR

Just yesterday I was asked “As long as we register with the DDTC we can self-declare as ITAR compliant… right?” My reply is always a big “NO”. I also include a warning… any organization that self-declares compliance based solely on DDTC Registration and then advertises as such, may receive some un-requested attention: http://www.exportlawblog.com/archives/4467 I thoroughly appreciate the […]

Aerospace Exports Incorporated

New NAS Standard Announced

AIA’s National Aerospace Standards (NAS) has released TCS001: Document marking, storage, and electronic transmission of technical data, and provides guidance on the processes and best practices necessary for a company to manage U.S. EAR-controlled technology exports, including technical data, in compliance with the Export Administration Regulations (EAR). A member of the AEI team was pleased to participate […]

Aerospace Exports Incorporated

Quality System Verification and Validation for ITAR Processes

AS9100 requires that organizations identify applicable regulatory requirements however most Quality Management Systems DO NOT contain processes to verify and validate actions performed by Empowered Officials. Fact: Empowered Officials must certify that information provided on applications is accurate. Problem Scenario An Empowered Official is tasked with applying for a DSP-5 for a Foreign Person “working” […]

Aerospace Exports Incorporated

RWAs are not CJs

Recently a client asked if they can accept a RWA from the DDTC as a CJ. In investigating the background the client had submitted a license application to the DDTC, the application was RWA’d as subject to the DoC (600 Series). The client wanted to utilize the RWA as a official notification to it’s customers […]