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 […]
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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 […]
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 […]
Darling Industries Inc. Fined $400,000
The $400,000 fine received by Darling Industries Inc., of Tucson, AZ was due to six violations of the Arms Export Control Act and the ITAR. The violations included FAILURE TO APPOINT A QUALIFIED EMPOWERED OFFICIAL. Yes, not having a qualified EO is a violation to the ITAR. According to the charging letter the company: Appointed […]
ITAR Compliance and Confirmation Bias
Do some owners of small or medium size companies fall into confirmation bias when confronted with the International Traffic In Arms Regulations (ITAR)? Do they favor information that supports their beliefs? Often I receive calls from company owners and presidents asking if their company must comply withe ITAR but often during the call they question […]
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 […]
Upcoming Webinar: FAR & DFARS Cyber Protection and Reporting
Join Mark Stevens, President of Aerospace Exports Incorporated as he explains the latest updates to two regulations. This webinar will be packed with information that will apply to all attendees. Immediately following this 30 minute Webinar AEI will host a 30 Minute Q&A session to answer all questions.
Using ISO 19600:2014 “Compliance management systems guidelines”
Integrating ITAR and EAR requirements into an AS9100 Quality Management System can be daunting. The image posted above is a broad overview of the identification step. Note that organizations should use their functional experts to perform the evaluations. Good Luck! Subscribe to AEI’s mailing list * indicates required Email Address * First Name Last Name
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 […]
The Aerospace ITAR Supplier Registry
Why the aerospace industry needs to validate supply chain compliance to the ITAR and EAR. AEI Aerospace Supplier Registry Subscribe to AEI’s mailing list * indicates required Email Address * First Name Last Name
OFAC Penalties/Settlements 2010-2014 YTD
Here are the totals since 2010. OFAC Subscribe to AEI’s mailing list * indicates required Email Address * First Name Last Name
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 […]
How Did You Start Working In Export Control?
Share your story, how did you end up working compliance? Did you start out as a Trade Attorney, were you an Engineer, Logistics, Security, or QA? Also, tell us in what department you reside and is trade compliance just one of many responsibilities? It is interesting to see where companies place the responsibility of compliance, […]