State department publishes interim final rule to clarify defence-broker requirements
By Christopher R Wall, Stephan E Becker, Nancy A Fischer and Aaron R Hutman
Section 38(f) of the Arms Export Control Act requires the registration of brokers of defense articles and defense services, pursuant to regulations currently published in Part 129 of the International Traffic in Arms Regulations (ITAR). Although these regulations have been in place for decades, their scope and reach have not been clearly defined. New regulations published on 26 August, 2013, are the culmination of a multi-year effort on the part of the US Department of State, Directorate of Defense Trade Controls (DDTC) to clarify the brokering rules.
DDTC published a proposed revision of ITAR Part 129 on 19 December, 2011 (76 Fed. Reg. 78578) (Proposed Rule). The Proposed Rule would have greatly expanded the broker registration requirements, particularly with respect to foreign companies engaged in activities outside the United States. Also in 2011, DDTC settled a major enforcement case involving a large number of Part 129 violations in which DDTC appeared to adopt new interpretations of Part 129 requirements.
Many in the business community commented on the Proposed Rule, noting that the expansion of the brokering requirements was at cross purposes with the direction of the Obama Administration’s export control reform initiative…
If you are registered and logged in to the site, click on the link below to read the rest of the Pillsbury briefing. If not, please register or sign in with your details below.
News from Pillsbury Winthrop Shaw Pittman
News from The Lawyer
Briefings from Pillsbury Winthrop Shaw Pittman
The Occupational Safety and Health Administration of the US Department of Labor proposed a new rule which will require employers to electronically report injury and illness data on a quarterly basis.
The authors analyse two decisions by the US Supreme Court that narrow the circumstances under which employers can be held liable for retaliation or harassment claims under Title VII of the Civil Rights Act of 1964.