On Demand

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

1h 7m

Created on August 31, 2017




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

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