The State Department fined U.S. defense firm RTX Corp. $200 million to settle alleged violations of the Arms Export Control Act and the International Traffic in Arms Regulations, one of the largest standalone export penalties ever issued by the agency. The Directorate of Defense Trade Controls said the 750 violations, most of which involved the “historical systemic failures” of an aerospace systems company acquired by RTX, stemmed from export control classification issues, the illegal “hand-carry” of defense items to another country and violations of the terms of DDTC licenses. RTX voluntarily disclosed the violations, which included exports of prohibited items to Lebanon, Iran, Russia and China.
Directorate of Defense Trade Controls (DDTC)
The State Department's Directorate of Defense Trade Controls (DDTC) is the agency tasked with administering export controls over defense articles, defense services and brokering activities under the International Traffic in Arms Regulations. It maintains the U.S. Munitions List (USML), which details the defense articles and services subject to the ITAR.
The State Department this week published a final version of a rule to expand its regulatory definition of activities that don’t need a license because they don’t qualify as exports, reexports, retransfers or temporary imports. The rule, effective Sept. 16, is largely consistent with the proposed version, though the agency made changes to narrow its scope and make sure certain temporary imports will still require a license.
The Pentagon should drop its outdated approach to technology security and export controls and allow American defense companies to work more efficiently with U.S. allies, a Defense Department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.”
Australian export compliance officers are wary about a new proposed International Traffic in Arms Regulation exemption for defense trade with the U.S., which is causing some compliance confusion and could lead to a host of “operational challenges” for companies subject to trade regulations, said Eva Galfi, a consultant for International Trade Advisors in Australia. She said the new exemption, along with a similar rule by the Commerce Department to reduce certain license requirements for exports to Australia and the U.K., may also increase the risk of large fines for violations.
The State Department is proposing to increase fees for registration with the Directorate of Defense Trade Controls, it said in a notice released April 23. The agency also is proposing changes to the DDTC fee structure, as well as a reorganization of its International Traffic in Arms Regulations on fees and registration.
The State Department’s Directorate of Defense Trade Controls is working on a host of proposed or final regulations that could be published in the next few months, officials said last week, including revisions to its defense services controls and an exemption for certain defense trade with Australia and the U.K.
The State Department’s Directorate of Defense Trade Controls published new guidance this week to clarify how and when joint ventures must be included on registration statements. The new frequently asked questions cover companies subject to the International Traffic in Arms Regulations and that are governed by a joint venture agreement.
The U.S. announced new export controls against Nicaragua this week in response to human rights abuses by the country's government and its support for Russia’s invasion of Ukraine. The measures, outlined in two final rules effective March 15, will put in place stronger Commerce Department export licensing requirements for Nicaragua and add the country to a list of nations maintained by the State Department that generally don’t receive license approvals for controlled defense items.
Preparations continue for a jury trial set for April 1 in a criminal arms smuggling case involving the constitutionality of "specially designed" provisions in U.S. export controls (U.S. v. Quadrant Magnetics, LLC, W.D. Ky. # 3:22-CR-88-DJH).