The State Department’s recently published fall 2024 regulatory agenda previews a range of export control rules the Directorate of Defense Trade Controls is hoping to issue this year, including one that would finalize an updated definition for defense services and others that would make various changes to the U.S. Munitions List.
ITAR Compliance
People and entities exporting items subject to the International Traffic in Arms Regulations (ITAR) may face penalties, including fines and prison time, for violating license requirements and other rules outlined in the ITAR. The Directorate of Defense Trade Controls is responsible for ensuring compliance with the ITAR and encourages exporters of military goods and technologies to maintain compliance programs.
Space industry associations and companies largely welcomed a recent State Department proposal to modernize U.S. space-related export controls, although they asked for several clarifications, fewer export control guardrails and an extended timeline to allow space firms to update their compliance programs.
Defense firm RTX Corp. will pay $200 million to settle alleged violations of U.S. defense export controls, the largest standalone export penalty ever issued by the State Department. RTX voluntarily disclosed the 750 violations, the agency said in a charging letter, most of which involved “historical” issues by an aerospace firm acquired by RTX in 2018.
The Pentagon should drop its outdated approach to technology security and export controls and allow American defense companies to work more efficiently with U.S. allies, a Defense Department advisory committee said in a new report this month. The committee said the agency needs major revisions to the way it treats restrictions under the International Traffic in Arms Regulations, warning that DOD is “failing to address shortcomings in international engagement amid a rapidly evolving global security landscape.”
The State Department fined Boeing $51 million after the company allegedly violated a range of U.S. export controls, including license requirements for exports to China and Russia. The violations, which Boeing voluntarily disclosed, included illegal exports to foreign employees and contractors working in more than 15 countries; a trade compliance specialist fabricating an export license to illegally ship defense items abroad; and violations of the terms and conditions of other export licenses, among other things.
Electronics distribution company Broad Tech System and its president and owner, Tao Jiang of Riverside, California, pleaded guilty Jan. 11 to participating in a conspiracy to illegally ship chemicals made or distributed by a Rhode Island-based company to a Chinese firm with ties to the Chinese military, the U.S. Attorney's Office for the District of Rhode Island announced. Jiang and Broad Tech admitted to violating the Export Control Act and conspiring to commit money laundering.
The State Department’s Directorate of Defense Trade Controls is drafting at least two rules to make “targeted revisions” to the U.S. Munitions List and is preparing to soon propose changes to its registration fees, said Timothy Betts, DDTC’s acting deputy assistant secretary. Betts also said the State Department is looking to hire a DDTC-dedicated attorney adviser and stressed the importance of defense companies having compliance buy-in from upper management.
The Commerce, State and Justice departments fined an American 3D printing company more than $25 million combined after it committed a range of export violations, including illegal shipments of aerospace technology and metal alloy powder to China and controlled design documents to Germany.
The State Department is “finalizing” discussions with several trading partners on its new open general license concept for certain defense exports, senior agency official Mike Miller. The concept, which could begin as a pilot program, would allow U.S. exports to certain U.S. trading partners without having to apply for a specific license (see 2109290056).
The State Department fined a U.S. aerospace and technology company $13 million for illegally exporting technical data to several countries, including China, according to a May 3 order. Honeywell International sent drawings of parts for military-related items, including for engines of military jets and bombers, the agency said, all of which were controlled under the International Traffic in Arms Regulations. After discovering the violations, issuing a self-disclosure to the State Department and bolstering its compliance program, the company again illegally exported technical drawings, failing to abide by its improved compliance requirements, the order said.