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    • 5th Ed. Vol. 1 Chpt. 1
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Home > Directorate of Defense Trade Controls
Published October 14, 2016 by Yuri Starikov

DOJ’s Voluntary Self-Disclosure Guidance for Export Control & Sanctions

Department of Justice (DOJ) October 2, 2016 guidance reaffirms its position to treat U.S. export controls and sanctions violations as an attack on the U.S. national security and DOJ’s Yates Memo guiding prosecutors to “promote greater accountability for individual corporate defendants” such as directors and employees of the company.  Guidance also places jurisdictional chart for actors involved in voluntary self-disclosure (VSD). Ordinarily, when an organization voluntarily self-discloses violations of U.S. export controls and sanctions, it presents its VSD to the appropriate regulatory agency under the procedures set forth in the agency’s regulations. * * *  Business entities should continue to submit VSDs to the Department of State, Directorate of Defense Trade Controls (DDTC) for violations of the International Traffic in Arms Regulations (ITAR); to the Department of Commerce, Bureau of Industry Security (BIS) for violations of the Export Administration Regulations (EAR); and to the Department of the Treasury, Office of Foreign Assets Control (OFAC), for violations of U.S. sanctions regulations. But, submission to the particular agency may not be enough!  If violation is “done with knowledge that it is illegal,” then VSD should also be submitted to Counterintelligence and Export Control Section of the DOJ’s National Security Division.  Guidance goes…

Read More DOJ’s Voluntary Self-Disclosure Guidance for Export Control & Sanctions

Product Regulation U.S. Federal Agencies

Department of Commerce Department of Justice Directorate of Defense Trade Controls Office of Foreign Assets Control

Published January 16, 2012 by Yuri Starikov

Exporting Firearms, Weapons, and Related Equipment from the United States Lawfully

Thinking about starting firearms export business?  Think twice.  Then stop.  Think some more, and then keep on reading.  This article is designed for those entrepreneurs that are in “think some more” stage of the thought process. Theoretical Underpinning If you live in the United States and are looking for a business opportunity, then engaging in firearms trade makes sense.  One of your influential supporters would be David Ricardo and his famous book On the Principles of Political Economy and Taxation.  Mr. Ricardo’s theory of comparative advantage calls for the United States to capitalize on what it relatively does better than other nations – production of firearms and related components.  It is a known wisdom that the United States is currently the world’s hegemon and in that capacity strives to maintain its military superiority.  The externality effect of the U.S. strive to maintain the military superiority and hegemonic position is its relative advantage in the firearms industry. One should also be mindful of a warning made by the President Eisenhower about the U.S. military industrial complex, which, if true, would support those in the business of firearms. [youtube=http://www.youtube.com/watch?v=dAo2dTWEYPE&feature=fvst&w=240&h=240] Practical Considerations While engaging in international firearms trade in the United States is…

Read More Exporting Firearms, Weapons, and Related Equipment from the United States Lawfully

Product Regulation U.S. Federal Agencies

Alcohol and Tobacco Tax and Trade Bureau Defense Products Directorate of Defense Trade Controls International Traffic in Arms Regulations

Published January 9, 2012 by Yuri Starikov

Licensed Customs Broker without a Permit: Engaging in Customs Related Advice

This article explores the limits of when a licensed customs broker, who does not hold a permit from a Customs port director, may render an international trade advice (“customs business” advice) as a consultant or an independent contractor.  This question relates to many talented trade professionals who got displaced from their small and medium sized businesses due to a general customhouse sector trend toward consolidation under the umbrella of a large corporate logistics enterprise.  Many of these professionals continue to maintain their customs broker licenses, but do not maintain a port or a national permit. A licensed customs broker working for a large corporation may wish to engage in independent consulting work as a way to generate some extra income (hopefully without running afoul with the non-compete provisions of its large corporate employer).  Also, there are those folks who have been affected by corporate reductions and look for ways to generate some consulting revenue.  Since this article is written with licensed customs brokers in mind, it does not pertain to other issues, such as referrals under 19 C.F.R. §111.36. To understand the threshold of a “licensed” activity, regulations provide a good starting point.  Regulations state that unless you are an…

Read More Licensed Customs Broker without a Permit: Engaging in Customs Related Advice

U.S. Federal Agencies U.S. Federal Courts

Bureau of Industry and Security Census Bureau Customs and Border Protection Directorate of Defense Trade Controls

Published December 11, 2011 by Yuri Starikov

Nitroglycerin Jurisdictional Journey

Nitroglycerin (in medicinal form) is currently listed on the Alphabetical Index to the Commerce Control List for 1C992.l.  However, if one checks CCL, one will find the following: “Other commercial explosive devices and charges not controlled by 1C992.a through .k containing less than or equal to 1.0 kg of controlled materials.”  No mention of medicinal nitroglycerin.  Why not? Pursuant to 67 FR 70839, public notice 4209, Office of Defense Trade Controls removes nitroglycerin from USML and transfers control to the Commerce Department. In 2006, nitroglycerin was also removed from CCL and transferred to alphabetical index.

Read More Nitroglycerin Jurisdictional Journey

Product Regulation U.S. Federal Agencies

Bureau of Industry and Security Directorate of Defense Trade Controls Drugs & Pharmaceutical Products ECCN 1C992

Published July 24, 2008 by Yuri Starikov

Defense Trade Electronic Licensing System (D-Trade)

The State Department’s Directorate of Defense Trade Controls (DDTC) has posted to its Web site an updated guidance about license applications for the export or temporary import of defense articles pursuant to the International Traffic in Arms Regulations (ITAR).

Read More Defense Trade Electronic Licensing System (D-Trade)

U.S. Federal Agencies

Directorate of Defense Trade Controls

Published May 15, 2008 by Yuri Starikov

Denied Entities Databases for Exports

· Denied Persons List: The BIS publishes the names of individuals and entities that have been found to have violated the U.S. export laws and regulations, and that have been denied export privileges for a certain period of time. U.S. citizens and corporations are prohibited from exporting merchandise to these individuals and entities. An updated version of this list may be found on the BIS’ website at: http://www.bis.doc.gov/DPL/default.shtm. · Unverified List: This list includes names and addresses of foreign persons who in the past were parties to an export transaction, and the BIS could not conduct a pre-license check or post-shipment verification. The involvement of a person designated on the Unverified List in an export transaction will raise a “red flag” with the BIS; therefore, U.S. exporters have an affirmative duty to inquire, verify or substantiate the proposed export transaction with such individuals to ensure compliance with all export laws and regulations. An updated version of this list may be found on the BIS’ website at: www.bis.doc.gov/enforcement/unverifiedlist/unverified_parties.html. · Entity List: The BIS also publishes a list of foreign end users involved in proliferation activities—an export license is required for export to these entities. An updated version of this list may…

Read More Denied Entities Databases for Exports

U.S. Federal Agencies

Bureau of Industry and Security Directorate of Defense Trade Controls Office of Foreign Assets Control

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