ITAR & Defense-Related Export Controls: What U.S. Companies and Counsel Need to Know

Produced on: August 31, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 67 minutes
Difficulty Intermediate

The U.S. closely regulates the export of defense articles and related software and technical data.  

Historically, the International Traffic in Arms Regulations ("ITAR") administered and enforced by the State Department's Directorate of Defense Trade Controls ("DDTC") was the primary regulation that governed the export and licensing of defense-related items. However, as a result of the ongoing U.S. Export Control Reform initiative, many defense-related parts and components have moved from the export controls jurisdiction of the ITAR to the jurisdiction of the U.S. Export Administration Regulations ("EAR") administered and enforced by the Bureau of Industry and Security ("BIS").

In this course, Douglas Jacobson, a DC-based trade attorney with Jacobson Burton Kelley PLLC, introduces viewers to the complex framework governing U.S. export controls of defense-related items, software, and technical data and the steps necessary to comply with these laws and regulations. He covers a wide range of topics, including understanding the order of review to determine which agency has jurisdiction over an export of defense items, licensing requirements, license exemptions and restrictions on destinations and end-users. He provides practical examples and insight on these issues by using case studies and describes the numerous changes made to U.S. export controls on defense items and parts as a result of the U.S. Export Control Reform effort. Mr. Jacobson also uses enforcement case studies to provide insight on the types of issues and violations that could trigger enforcement actions on U.S. companies and provides insight on the Voluntary Self-Disclosure process at DDTC and BIS.


Learning Objectives:

  1. Identify how the U.S. regulates the export of defense-related items, software, and technology/technical data
  2. Address the various laws, regulations and agencies governing the export of defense items
  3. Obtain practical information on the impact of the U.S. Export Control Reform initiative on the export of products, goods, and services
  4. Discuss the Order of Review and export controls jurisdiction (i.e., whether an item is subject to the ITAR or EAR)
  5. Obtain useful information on the various penalties for violating U.S. export controls laws and regulations governing defense trade
  6. Gain practical insight and knowledge that will be useful for U.S. and non-U.S. compliance personnel and counsel

Faculty

Douglas Jacobson

Jacobson Burton Kelley PLLC

Doug Jacobson has more than 25 years of experience representing U.S. and non-U.S. companies on a wide range of international trade-related issues. He serves as principal outside international trade counsel to a number of U.S. and non-U.S.-based multinational companies that import, export and produce a wide range of products, including oil and gas equipment, medical devices, electronic products, industrial, defense and aerospace products.

Prior to establishing Jacobson Burton Kelley PLLC, Doug practiced international trade law with several well-known law firms in Washington, DC.

With respect to export matters, Doug counsels clients on compliance with U.S. and multilateral regimes governing the export of dual-use items, software, technology, defense articles and humanitarian products. He assists companies in understanding and navigating the complex rules set forth in the U.S. Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR) and the various sanctions regulations administered by the Treasury Department’s Office of Foreign Assets Control (OFAC). Doug also represents companies in enforcement proceedings conducted by the Commerce Department’s Bureau of Industry and Security (BIS), BIS' Office of Antiboycott Compliance, the State Department’s Directorate of Defense Trade Controls (DDTC) and OFAC.

Doug served as the BIS and OFAC approved independent auditor in one of the largest criminal and civil export controls/sanctions enforcement cases brought by those agencies. 

Doug also advises companies on the legal and regulatory aspects of importing goods into the U.S. He assists U.S. importers in performing internal customs audits and implementing and maintaining effective internal customs compliance programs. He represents clients before U.S. Customs and Border Protection (CBP) in focused assessment audits, NAFTA verifications, penalty investigations and enforcement actions as well as the U.S. Department of Commerce and International Trade Commission in trade remedy cases. Doug also advises companies regarding the U.S. regulations governing the classification, valuation and marking of imported products.

Doug also has extensive experience in advising and training companies on compliance with the U.S. Foreign Corrupt Practices Act. He also served as an expert witness on Incoterms in a high-profile patent litigation matter in U.S. Federal Court.

In addition, Doug has served as an expert witness on US sanctions laws and Incoterms® and sanctions matters in U.S. courts and international arbitrations.

Doug is the author of a number of articles on international trade compliance topics and is the editor and publisher of International Trade Law News, a Web-based compilation of news and information on export controls, sanctions and other international trade issues.

Doug is active in a number of international trade organizations and serves as general counsel to the National Council on International Trade Development and served as co-chair of the export committee of the American Association of Exporters and Importers.

Doug is active in a number of international trade organizations. He is currently general counsel to the National Council on International Trade Development (NCITD). He is a member of the American Association of Exporters and Importers' Board of Governors (AAEI) and served as co-chair of AAEU's export committee.

He is a frequent speaker on international trade matters. Doug serves on the faculty of Lawline, a leading provider of continuing education courses to attorneys, the Export Compliance Training Institute and the AWA Foreign Trade Academy in Germany. 

Doug is a Senior Advisor of the Trusted Trade Alliance, a global network of leading trade practitioners.

He is ranked by Chambers and Partners as a leading export controls and sanctions attorney in the United States.

Doug received a B.A. in Government from the University of Texas at Austin (1983), a Doctor of Dental Medicine degree from Washington University in St. Louis (1987), and a Juris Doctorate from the American University's Washington College of Law (1990), where he was an editor of the American University Law Review.

He is a member of the District of Columbia and Maryland Bars and is admitted to practice before the U.S. Court of International Trade and the U.S. Court of Appeals for the Federal Circuit.

Reviews

CB
charles b.

Particularly good presenter and material.

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