The U.S. Government regulates the export of software. Among other things, these export controls focus on the design, function, capabilities, and end-use of software and whether the software contains encryption. The encryption controls apply even if the software is embedded or otherwise contained in electronic assemblies or other equipment. The controls also apply to technical assistance with encryption. Properly assessing the control status of software and technical assistance; registration, classification, notification, and licensing requirements; and the availability, scope and limitation of ITAR exemptions and EAR exceptions is essential to compliance.
DEFENSE TRADE LAW BLOG
Is there such a thing as “attempted” arms brokering under the Arms Export Control Act or do the mere acts of soliciting, negotiating, and other discussions regarding the export of defense articles on behalf of a third party constitute a completed offense of arms brokering? Does the Arms Export Control Act provide the State Department […]
A recent New York Times article reported that William Powell, the author of The Anarchist Cookbook, died last year at the age of 66. [FN 1] The article noted: “William Powell was a teenager, angry at the government and the Vietnam War, when he walked into the main branch of the New York Public Library in […]
The United States Court of Appeals for the District of Columbia Circuit recently dismissed a case filed against the State Department Directorate of Defense Trade Controls (“DDTC”) by the author’s law firm, finding that DDTC only intends to apply Arms Broker regulations, codified at Part 129 of the International Traffic in Arms Regulations (“ITAR”) [FN […]