Canada.com: Canada, U.S. reach deal on dual nationals’ access to American military goods

Canada.com reports that certain Canadian citizens with dual nationalities will have access to ITAR controlled technology. Read more here.

Posted on May 20th, 2007 by philip
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DDTC - Partial List of Arms Embargo Against Somalia

 

 from ExportLawBlog.com

The Directorate of Defense Trade Controls (”DDTC”) announced today that it was amending section 126.1 of the ITAR to reflect a partial lifting of the arms embargo against Somalia. These amendments are being adopted to implement revisions made to the Somalia arms embargo by U.N. Security Council Resolution 1744 adopted on February 21, 2007. Thee three month delay in announcing the amendments, which have not yet even been published in the Federal Register, indicates that revising the arms embargo on Somalia was not exactly put on the front burner at DDTC.

Read more at ExportLawBlog.com 

Posted on May 16th, 2007 by philip
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San Jose Man Faces 100 Years For Alleged Dual-Use Violation to China

A San Jose Man faces 100 years imprisonment - and his company, Data Physics Corp. - is being pursued by the Department of Commerce for dual use violaitons. The firm alledgedly sent stress-test shaking machines - typically used for commerical ends - to a missle factory in China. Read more at KNX1070.com.

Posted on May 14th, 2007 by philip
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Chi Mak Case Verdict—Guilty

“Mak said he believed he was doing nothing wrong by giving the documents to his brother to take out of the country because they were papers that had been presented previously at international conferences. The government, however, alleged the documents were export-controlled and couldn’t fall into foreigners’ hands.”

This is the case that may redefine the meaning of “public domain” read the excellent ExportLawBlog coverage on this. The following is a AP report from the cox.net. 

California Jury Convicts Engineer of Conspiring to Steal U.S. Military Secrets for China 

05-10-2007 8:05 PM
By GILLIAN FLACCUS, Associated Press Writer

SANTA ANA, Calif. (Associated Press) –  Jurors convicted a Chinese-born engineer Thursday of conspiring to export U.S. defense technology to China, including data on an electronic propulsion system that could make submarines virtually undetectable.

 Chi Mak also was found guilty of acting as an unregistered foreign agent, attempting to violate export control laws and making false statements to the FBI. Prosecutors had dropped a charge of actually exporting defense articles.When the verdict was read, Mak at first showed no emotion but then appeared to hold back tears as defense attorney Marilyn Bednarski teared up and rubbed his back. Defense attorney Ron Kaye’s face was flush.

Mak faces up to 35 years in prison when he is sentenced Sept. 10.

The government accused Mak, a naturalized U.S. citizen, of taking thousands of pages of documents from his defense contractor employer, Power Paragon of Anaheim, and giving them to his brother, who passed them along to Chinese authorities over a number of years.

 Mak, 66, was arrested in 2005 in Los Angeles after FBI agents stopped his brother and sister-in-law as they boarded a flight to Hong Kong.

Investigators said they found three encrypted CDs in their luggage that contained documents on a submarine propulsion system, a solid-state power switch for ships and a Power Point presentation on the future of power electronics.

Chi Mak’s wife, brother and other relatives also have been indicted and are to go on trial together June 5.

Mak acknowledged during the trial that he copied classified documents from his employer and kept copies in his office. He maintained he didn’t realize at the time that making the copies was illegal.

Kaye said the defense team still believes Mak is innocent.

“We believe the facts of the case have been manipulated, and we believe Mr. Mak didn’t necessarily get a fair trial,” Kaye said.

In many instances, the government was allowed to present classified information to U.S. District Judge Cormac Carney in his chambers, and the defense team did not receive some classified information about a request by the FBI to bug Chi Mak’s house, Kaye said.

“We were confident from the start and we’re very happy with the verdict,” Assistant U.S. Attorney Greg Staples said.

 Staples said the government may use the verdict to try to negotiate plea bargains with Mak’s indicted family members, who pleaded not guilty.The six-week trial featured testimony from a parade of FBI agents, U.S. Navy officials and encryption and espionage experts.Key to the case was the government’s allegation that Mak confessed to the conspiracy _ and even identified his Chinese government handler and specific restricted documents _ during an untaped jailhouse interview two days after his arrest.

Mak testified he never confessed during that interview, but admitted that he lied repeatedly in an earlier taped interview about the number of times he had visited China and when he told authorities he didn’t have friends or relatives there. He said he felt intimidated during the interrogation.

 “This is why I lied,” he said. “They were pushing me that night.”

Mak’s attorneys had focused on the propulsion system documents found in his brother’s luggage at Los Angeles International

Airport.

 Mak said he believed he was doing nothing wrong by giving the documents to his brother to take out of the country because they were papers that had been presented previously at international conferences. The government, however, alleged the documents were export-controlled and couldn’t fall into foreigners’ hands.

Posted on May 10th, 2007 by philip
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DoD May Join Defense Industry in Push To Reform U.S. Export Rules, reports DefenseNews.com


Or so screamed the headline…

Say what? The Department of Defense wants to loosen export restrictions “that keep military technology out of the hands of U.S. Allies.” reports DefenseNews.com.

How odd. But a close reading of this article, from DefenseNews.com, reveals that this is an interpretation, or one man’s guess, if you will, as to why DOD hired a think tank to study export regulations.

“Spurred by complaints by the U.S. Central Command that export controls were hampering the war effort in Iraq, the Pentagon has hired a think tank to study export-control regulations that impede turning technology over to U.S. allies and the Iraqi military.”

 

Posted on May 10th, 2007 by philip
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Export Encryption Rules and You

Here’s a nice little primer on the export controls of encryption from IBLS – Internet Business Law Services, “Internet Law – Other Legal Issues Regarding Cryptography and Encryption”

“The United States government is very concerned about the exportation of both encrypted messages and encryption capabilities through software. Government officials fear that the software and messages could be used by anti-American groups to harm the US.”

Posted on May 10th, 2007 by philip
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US Export Rules To Be Reconsidered…

=

Read ExportLawBlog’s take on this breaking story - “Rift Between DoD and DDTC Exposed!”

 CSIS Press Release:

WASHINGTON, May 8, 2007 – The Center for Strategic and International Studies (CSIS) has been asked by the Department of Defense to conduct an independent study to examine current U.S. export control regulations in light of the U.S. national security requirement to work with friendly and allied governments while maintaining appropriate and effective control of sensitive technology.

The CSIS study will draw on the perspectives of interested stakeholders from the Departments of State, Commerce, Treasury, Defense, the executive branch, Congress, and industry to participate and share their views.  As part of the study, participants will review the relationship between globalization, technology innovation, defense relationships, export controls and national security in the 21st century and determine the most the efficient and effective process.  The CSIS study is expected to take about eight months.

Read ExportLawBlog’s take on this - “Rift Between DoD and DDTC Exposed!”

Posted on May 8th, 2007 by philip
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OFAC Civil Penalty Report for May 2007

 OFAC’s monthly civil penalty reports includes trailers for sale or rent and other assorted violations.

The report is linked here.

Posted on May 8th, 2007 by philip
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Free BIS Web Seminar May 15

A webinar  to be held on export licensing by the Bureau of Industry and Security will describe your item’s specific license requirements, the destination of your item, the parties involved in the transaction and the end-use of the item.

> Learn how to determine your license requirements based on the item.> Learn what ECCN means to you and your company. Get help in filling out the licensing information on a SED or AES record.> Senior Electronics Engineer Brian Baker, Export Administration Specialist Kathleen Barfield, and Export Policy Analyst Timothy Mooney, will answer questions.

> Speak with experts from the Bureau of Industry and Security about export licenses.

More info… go to export.gov

Posted on May 8th, 2007 by philip
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Unwanted Advances - Tests, Arrests Draw Attention to Indian Missiles

   Missles On Parade at the 2004 Republic Day Parade in India


Here’s hopin’ you your Monday went well…While you slept …. .Indian missile technology advances – and US officials suspect recent launches may be from stolen technology. We reported on the Cirrus export bust recently. I predicted some political fallout –but I haven’t heard a peep about the implications. I think the

Paris Hilton crises drowned this story out.  -PZ From ArmsControlToday.com - Tests, Arrests Draw Attention to Indian Missiles 

Alex Bollfrass  

Indian missile engineers are wasting little time celebrating their first successful intermediate-range ballistic missile test. With their confidence boosted, missile program managers have offered to develop an ICBM and announced upcoming missile defense tests. This push for ballistic missile advances coincides with federal government charges that a U.S. company has been violating

U.S. export control laws. Cirrus Electronics stands accused of transferring dual-use technology to Indian government laboratories.

 Parthasarathy Sudarshan, founder of Cirrus Electronics, was arrested March 23 together with his soleU.S. employee for supplying Indian weapons laboratories with electronic equipment suited for ballistic missiles and fighter aircraft. The indictment cites an Indian government official in the

United States and charges two Cirrus employees abroad.The defendants are charged with violating several laws that regulate what can be exported from the

United States and who may receive sensitive technology. Most military exports require a government license.  The Department of Justice says Cirrus, knowing its Indian clients were unlikely to be approved, circumvented the licensing process by first shipping the items to

Singapore. The company also provided forged end-user certificates to its suppliers.

 The indictment’s first nine counts allege Cirrus illicitly aided

India’s missile program. The U.S. Department of Commerce maintains a list of companies and individuals ineligible to receive military and dual-use technology without a permit. Two Cirrus customers,

Vikram

Sarabhai

Space

Center and Bharat Dynamics Ltd., are on the list because of ballistic missile development work. They are owned and operated by the Indian government. Both received static random access memory chips and other electronic equipment for use in missile guidance and firing systems.  The second series of charges involve combat aircraft technology. Military-use technology exports must be approved by the Department of State. Cirrus did not seek such approval for 500 microprocessors. They were shipped via

Singapore to the Aeronautical Development Establishment, a government outfit, for use in the Tejas Light Combat Aircraft.  Circumstances surrounding this charge are diplomatically awkward. Indian government officials are directly implicated in the trafficking charges, despite past assurances to respect

U.S. export law. An unnamed Indian government official is believed to have accompanied Sudarshan on a visit to the microchips’ producer in February 2004. Seven months after the trip, India’s foreign secretary assured the State Department that facilities affiliated with the Indian government would never “obtain or use U.S.-origin licensable items in contravention of

U.S. export control laws and regulations.” Moreover, Sudarshan and his employees “were in frequent consultation with Indian government representatives and were constantly acting at their direction and behest,” according to the Justice Department. The indictment calls Sudarshan an illegal agent of the Indian government.  Previous circumventions of

U.S. export laws have benefited Indian government weapons laboratories. Between February 2003 and April 2006, the Commerce Department investigated more than 60 possible violations involving Indian consignees. This violation appears to be the first facilitated by an Indian official in the

United States.

India reportedly relies on gray-market procurement for some of its weapons programs, particularly uranium-enrichment technology. Its position outside of international regimes regulating weapons technology trade, such as the Missile Technology Control Regime, restricts its ability to obtain technology and materials from the international market. The revelations also came at an inopportune moment as the United States and

India attempt to move forward with a nuclear cooperation agreement. Read the rest of the story at Arms Control Today.   

Posted on May 7th, 2007 by philip
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