The Commerce Department published its fall 2020 regulatory agenda for the Bureau of Industry and Security, including new mentions of rules to amend Hong Kong under the Export Administration Regulations, releases of controlled technologies to standards setting bodies and a range of new technology controls.
The State Department is extending two International Traffic in Arms Regulations measures to allow employees involved in certain ITAR-related activities to work remotely (see 2004240017) as the agency seeks to make the changes permanent, a notice released Dec. 10 said. The notice continues a temporary exception to the ITAR to allow employees to telework, including employees working remotely in a country “not currently authorized” by a technical assistance agreement, manufacturing license agreement or an exemption. The exceptions do not apply to employees working in certain blocked countries, including Russia.
The State Department is circulating a proposed rule that would permanently revise the International Traffic in Arms Regulations to allow employees involved in ITAR-related activities to work remotely. To make the change, the rule would update the definition of a “regular employee” in ITAR, which would allow for greater flexibility for industry workers who telework, a State Department official said in a Dec. 9 email. The proposed rule was sent for interagency review last week (see 2012080011).
The Office of Information and Regulatory Affairs began reviewing a proposed State Department rule concerning the definition of a regular employee in the International Traffic in Arms Regulations. OIRA received the rule Dec. 3. The State Department’s Directorate of Defense Trade Controls didn’t comment.
The State Department’s Directorate of Defense Trade Controls will hold a webinar Dec. 9 on using the Defense Export Control Compliance System licensing application, DDTC said in a Nov. 26 notice, which includes login information. The webinar also will cover the state of DECCS, system statistics and a self-service tools demonstration.
The State Department is seeking comments on an information collection involving requests to change end-user, end-use and “destination of hardware” information, the agency said in a notice released Nov. 27. Those requests are submitted to the State Department’s Directorate of Defense Trade Controls before DDTC can approve exports of certain defense goods to parties other than those stated on a license. Comments are due Dec. 28.
The State Department announced penalties on foreign entities for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act. The entities transferred items subject to multilateral control lists that contribute to weapons proliferation or missile production, the agency said in a notice released Nov. 24. The entities are: China-based Chengdu Best New Materials Co. Ltd. and Zibo Elim Trade Co.; and Russia-based Aviazapchast, Joint Stock Company Elecon and the Nilco Group. The companies and their subsidiaries are barred from purchasing items controlled on the U.S. Munitions List and by the Arms Export Control Act. The State Department will also suspend any current export licenses used by the companies and bar them from receiving new export licenses for any goods subject to the Export Administration Regulations. Government agencies are barred from entering into procurement contracts with them. The measures took effect Nov. 6.
The Office of Information and Regulatory Affairs on Nov. 19 concluded a review of a State Department rule that would amend International Traffic in Arms Regulations requirements for certain countries. The final rule would modify the ITAR for Tunisia, Eritrea, Somalia, the Democratic Republic of the Congo, Liberia, Cote d'Ivoire, Sri Lanka and Vietnam, as well as “other changes.” OIRA received the rule Oct. 28 (see 2010300007). The agency mentioned the rule in past regulatory agendas (see 2007200005 and 1911250035).
A Chinese national who is a naturalized U.S. citizen and former Raytheon Missiles and Defense engineer was sentenced to 38 months in prison after pleading guilty to violating U.S. export controls, the Justice Department said Nov. 17. Wei Sun, who was charged in January (see 2002050025), violated the Arms Export Control Act when he took a company laptop with sensitive military technology data to China. His computer contained data controlled under the International Traffic in Arms Regulations, including technical information on a missile guidance system. Raytheon didn’t comment.
Arena Solutions and Trade Compliance Group will partner to help regulated manufacturers understand export control laws, the companies said in a Nov. 10 news release. Arena Solutions provides product development services for the high tech, consumer electronics and medical device industries. “Many companies are either unaware or ill-prepared to meet [International Traffic in Arms Regulations] and [Export Administration Regulations],” Arena Solutions CEO Craig Livingston said. “Our platform provides a secure way to manage product development and management across the full lifecycle, and we are excited to have TCG provide import and export compliance consulting to our customers.”