Effects of the New DCS Rules

Effects of the New Rules   The BIS and State Department intend for these DCS revisions to have significant positive effects on exporters, and on export regulation generally.  Specifically, their hope is that the final rule revisions will help minimize the compliance burden for exporters, and the complexity of the export control process overall.  Recipient […]

Changes Made to Harmonize the DCS provisions

The final rules issued by the BIS and State Department – and effective as of November 2016 – alter the text of the existing EAR and ITAR regulations to better harmonize their separate DCS requirements.   Commercial invoice only. The new rules no longer require a DCS on several different export control documents.  Instead, under […]

How is the pre-existing DCS paradigm frustrating for exporters?

How is the pre-existing DCS paradigm frustrating for exporters?   The purpose of a DCS is to notify international parties as to the compliance of the exported defense article with applicable EAR and ITAR regulation, and to ensure that the relevant parties are further notified as to the illegality of diverting the exported article.   […]

New Revisions to the EAR and ITAR to Harmonize Destination Control Statements

New Revisions to the EAR and ITAR to Harmonize Destination Control Statements   On August 17, 2016, as part of the President’s Export Control Reform initiative, the Bureau of Industry and Security (BIS) and the US Department of State issued final rules revising the destination control statement (DCS) requirements in the Export Administration Regulations (EAR) […]

Export Control Laws

Globalization, terrorism and threats of proliferation have led to an increase in the enforcement of U.S. export control laws by the federal government.  These laws provide for severe civil and criminal penalties for the unauthorized disclosure of sensitive technology to foreign citizens.  Technology-related clients of all sizes are increasingly finding themselves in violation of such […]

Ethical Trade Compliance

Methods for Improving Ethical Trade Compliance of an Organization Jarred A. Fishman In an increasingly complicated and transnational business world, there is now greater importance than ever before placed on the ability of the export compliance regime to act in a positive ethical manner. This paper will seek to develop several themes. First I will […]

Export Enforcement Actions in 2007

Below is a link to the US Department of Justice’s Fact Sheet: Major U.S. Export Enforcement Actions in the Past Year. Please pass it along to anyone who doesn’t believe that people ever get in trouble for export violations. A few that stood out for me: Excellence Engineering Electronics – Restricted Technology to China ITT […]

H.R. 5828 Would Significantly Change the Current AES Environment

On April 17, 2008, new legislation was introduced in the House of Representatives (“Securing Exports Through Coordination and Technology Act,” H.R. 5828) by Representatives Don Mazullo (R-IL) and Adam Smith (D-WA). This bill, which is intended to “enhance the reliability of information in the Automated Export System,” would significantly change the current AES filing environment. […]

The Stakes of Export Noncompliance

As a result of the current economic climate, U.S. exports are increasingly on the rise—so, too, are the potential penalties that may be levied against violators of the U.S. export laws and regulations. Not only have the various U.S. government agencies responsible for administering U.S. export controls committed themselves to a renewed increase in their […]

Export Compliance Legends and Markings

Notice anything missing? Legends and Markings If you have been in the business of exporting for any length of time, no doubt you have noticed that folks don’t pay much attention to marking their documents. Now I have seen a marked increase in the Company Proprietary legend, but the words Export Controlled seem to evade […]