As of November 23, 2010 the US Citizenship and Immigration Services (USCIS) will now require all new employees of H-1B (professional), L-1 (intracompany transferee), and O-1 (extraordinary ability) non-immigrant foreign national workers to confirm that they have reviewed the EAR and the ITAR. They will also have to confirm that a license is not required from the Department of Commerce or the Department of State to release technology or technical data to them, meaning they must have some understanding of the regulations. (more…)
Archive for the ‘Defense Trade Controls’ Category
New Work Visa Application Requirement Reminds Applicant Company of Export Control Requirements
Tuesday, January 11th, 2011 by Danielle McClellanMore US Enforcement Actions against Chinese Nationals
Wednesday, November 24th, 2010 by Danielle McClellanLooks like the Sino-US relations aren’t going to be getting any better any time soon. Recently two Chinese nationals are awaiting extradition to the US from Hungary after being set up by US undercover agents and lured to Hungry to purchase microchips found on the Munitions List.
Hungarian authorities refused to let Xian Hongwei and his associate to access to the Chinese Embassy before the Hungarian court held a hearing, forcing them to accept a court appointed lawyer. The Chinese Embassy in Budapest has been quoted saying they are “doing our best” to protect the rights of the pair and are prepared to fight the extradition.
More information available at: http://www.newsdaily.com/stories/tre69q0og-us-china-usa-hungary/
Marsh Aviation Gets Indictment
Wednesday, November 24th, 2010 by Danielle McClellanMarsh Aviation of Arizona and owners Floyd Stilwell have been charged in an indictment after federal agents executed a search warrant in February 2008 unveiling military aircraft engines destined for the Venezuelan Air Force. The company exported the T-76 engines along with testing, repair, maintenance, modification, operation, and the training manuals and information.
The T-76 engine is designated on the US Munitions List, however Marsh Aviation falsely claimed that the engines were parts for civilian aircraft…it has not been cited what tipped off the ICE agents to the company’s illegal exports but I’m guessing they must have had hard evidence to secure a search warrant.
More information available at: http://www.ice.gov/news/releases/1011/101101phoenix.htm
Obama Announces Changes in US Export Control Policy for India
Wednesday, November 24th, 2010 by John BlackThe president recently announced that the United States will be taking steps to support and strengthen cooperation between the US and India. Prime Minister Singh and President Obama have agreed to a four part export control reform program that is designed to create a strategic partnership between the US and India. (more…)
New DDTC Guidelines for Exports, Reexports and Retransfers to Iraq and Afghanistan
Thursday, October 28th, 2010 by John BlackMore new guidelines for applications: And, as you may have guessed, new doesn’t necessarily mean new and improved, at least not from the standpoint of the applicant. There are streamlined application processing procedures for certain exports for the good guys in Afghanistan and Iraq, but to get the benefit of the streamlined processing, you have to do a lot more than simply reference Operation New Dawn (“OND”) or Operation Enduring Freedom (“OEF”).
To get all of the details of the specific application procedures and extensive requirements for supporting documentation, to: http://pmddtc.state.gov/licensing/documents/gl_OND-OEF.pdf
Do You Want Answers to Your New Electronic CJ Questions?
Thursday, October 28th, 2010 by John BlackAs you may know, you must submit electronically to DDTC all requests for a Commodity Jurisdiction (“CJ”) determination using the DS-4076 Commodity Jurisdiction Request Form.
To get the information on the electronic CJ requirements, go to: http://pmddtc.state.gov/commodity_jurisdiction/index.html
For some CJ FAQs go to: http://pmddtc.state.gov/faqs/commodity_jurisdiction.html
DDTC Publishes Proposed Change for Employees of Non-US End-Users and Consignees
Tuesday, September 7th, 2010 by John BlackOne it is only a proposed rule, so it does not help anybody yet. But if DDTC ever implements this proposed change, it will have made a big step in the direction of making life easier for countries who deal with US defense articles. This proposal, if implemented, would, for example, eliminate the requirement that foreign (i.e., non-US) end-users and consignees on Technical Assistance Agreements and Manufacturing License Agreements first identify the nationalities of their dual national and third country national employees in the agreement application and thereafter limit access to US defense articles to only those nationalities approved on the application. Of course, all burdens eliminated by one hand must be replaced by burdens imposed by the other hand—we will look at the details of the proposal below. (more…)
The Check’s in the Mail (Export Control Reform [Again])
Wednesday, June 9th, 2010 by John BlackEditorial Analysis by John Black
I am old. I can’t even count the number of times I have heard well intentioned high level government officials tell us that they plan to make significant reforms in the US export control system. Some government officials have told me that they are going to make the system so transparent and user friendly that they will put consultants like me out of business.
It’s been 26 years for me in this business and numerous government pledges to make things better. As far as I can tell, I am still here and there is still a huge demand for assistance in dealing with the infinite number of problems that US export controls create for companies who try to comply with the rules. Yes, this reform could be different.
So, I apologize (for a change) in advance for being the cynic as a good number of my peers spout enthusiastically about Defense Secretary Gates’ call for comprehensive reform to the US export control system. Reform certainly makes sense. Comprehensive reform could both promote national security and make compliance a bit easier for companies.
Comprehensive reform is highly unlikely. Adjustments to certain aspects of US export controls might be the better-than-nothing result we should hope for. And, changes to the current system that will create a lot of extra work for us without actually improving anything is what we should fear. (Well, this last scenario will probably be a gold mine for my seminar and consulting businesses.) (more…)
DDTC List of Companies with Name Changes or Mergers
Friday, April 16th, 2010 by John BlackHere is a list of the companies for which the DDTC has announced name changes or mergers. Check this list to see if any of these parties are on licenses, agreements, or approval that you have now, have applied for, or are about to apply for. Click on the link to see the details.
- GE Fanuc Intelligent Platforms Technology Corporation to GE Intelligent Platforms Technology Corporation. (3.08.10) Click here to read.
- GE Fanuc Intelligent Platforms Embedded Systems, Inc. to GE Intelligent Platforms Embedded Systems, Inc. (3.08.10) Click here to read.
- GE Fanuc Intelligent Platforms (Colorado), Inc. to GE Intelligent Platforms (Colorado), Inc. (3.08.10) Click here to read.
- ITT Systems Division and ITT Federal Services International Corporation Changing to ITT Systems Corporation. (3.08.10) Click here to read.
- i-Logistics USA Corporation Changing to Itochu Logistics USA Corporation. (2.22.10)
Click here to read. - G4S Security Services (Canada) Ltd. to G4S Secure Solutions (Canada) Ltd. (2.22.10) Click here to read.
- GE Fanuc Intelligent Platforms of the U.S. Changing to GE Intelligent Platforms. (2.22.10) Click here to read.
- GE Fanuc Intelligent Platforms (Bracknell) Limited of the United Kingdom Changing to GE Intelligent Platforms (Bracknell) Limited (2.22.10) Click here to read.
- GE Fanuc Intelligent Platforms Limited of the United Kingdom Changing to GE Intelligent Platforms Limited. (2.22.10) Click here to read.
- Sartomer Company, Inc. Changing to Cray Valley USA, LLC. (2.22.10) Click here to read.
- Saab AB (publ) Entities Name Changes. (2.16.10) Click here to read.
- Saab Technologies, Inc. to Saab North America, Inc. (2.12.10) Click here to read.
And the Wind Cries MARY 1.0 for D-TRADE Status
Friday, April 16th, 2010 by John BlackDDTC announced that the full implementation of the MARY Status Retrieval System is available now. Mary 1.0 replaces the lighter precursor version MARY “lite” released in November.
MARY is accessible from the new DTAS Online Portal page: https://dtas-online.pmddtc.state.gov
Users can also link directly to MARY at https://mary.dtas-online.pmddtc.state.gov/
For more information: http://www.pmddtc.state.gov/documents/Industry%20Notice_20100305.pdf
