U.S. Export Reform: New Year, New Rules
Early in the coming year, the U.S. export control regime governing the shipbuilding supply chain will undergo a sea change with the implementation of export reform in the naval and marine categories of the U.S. Munitions List (USML) and the Commerce Control List (CCL). Reforms affecting the aerospace industry(1) were published April 16, 2013(2) and took effect October 15 of this year, and the final rules published on July 8, 2013 for the naval and marine categories will take effect on January 6, 2014. As previously reported,(3) one of the goals of the export reform initiative is to protect the nation’s “crown jewels” with higher export control walls while removing restrictions on less important items and technologies in order to promote, among other things, interoperability of U.S.
Middle East Turmoil and U.S. Economic Sanctions and Export Controls
The primary focus of last year’s annual update, which appeared in the April 2010 issue, was U.S. efforts to tighten economic sanctions against Iran. The last several months have seen these efforts come to fruition, as well as imposition of new sanctions affecting Libya, North Korea, and Somalia. Our 2011 update concentrates on these key developments, but readers should be aware that these were not the only changes to sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) over the past year. As always, remaining abreast of all applicable embargoes and sanctions must be a priority for international businesses. U.S. Developments. On July 1, 2010, long sought amendments to the Iran Sanctions Act (“ISA”) became law.
Government Contractors Beware: Don't Get Tripped Up By Export Control Laws
By Brian A. Barbara D. Linney & David A. Most federal government contractors are familiar with the scores of standard clauses incorporated by reference into their contracts and subcontracts as mandated by the Federal Acquisition Regulations (FAR) and the departmental supplements such as the DFARS. Although most contracts include close to 100 standard clauses addressing a panoply of regulatory requirements, there are no standard clauses addressing compliance with the export control laws. For this reason, it is not uncommon for corporate contract administrators and purchasing agents to believe that the export control laws are synonymous with industrial security requirements and that as long as technical data to be provided to subcontractors is not classified as Confidential…
