Skip to main content

August 17, 2022

Volume XII, Number 229

National Law Review
  • Login
  • FB
  • twt
  • link
  • home
  • rss
Advertisement
  • logo
  • Publish / Advertise with Us
    • Publish
    • Advertise
    • Publishing Firms
    • E Newsbulletins
    • Law Student Writing Contest
    • Contact Us
    • Terms of Use
    • Privacy Policy
    • Join Our Team
    • Search
  • Trending Legal News
    • Most Recent
    • Legal News Podcast
    • What's Trending
    • Type of Law
      • Antitrust Law
      • Bankruptcy & Restructuring
      • Biotech, Food & Drug
      • Business of Law
      • Construction & Real Estate
      • Cybersecurity Media & FCC
      • Election & Legislative
      • Environmental & Energy
      • Family, Estates & Trusts
      • Financial, Securities & Banking
      • Global
      • Health Care Law
      • Immigration
      • Insurance
      • Intellectual Property Law
      • Labor & Employment
      • Litigation
      • Public Services, Infrastructure, Transportation
      • Tax
      • White Collar Crime & Consumer Rights
    • E Newsbulletins
    • Legal Educational Events
    • NLR Blog
    • Search
  • About Us
    • About the NLR
    • NLR Team
    • Publishing Firms
    • E Newsbulletins
    • NLR Thought Leadership Awards
      • 2018
      • 2019
      • 2020
      • 2021
    • NLR Blog
    • Contact Us
    • Terms of Use
    • Privacy Policy
    • Search
  • Contact Us
    • Contact Us
    • E Newsbulletins
    • Publish
    • Advertise
    • Law Student Writing Contest
    • Search
  • Quick Links
    • Legal News Podcast
    • Type of Law
      • Antitrust Law
      • Bankruptcy & Restructuring
      • Biotech, Food & Drug
      • Business of Law
      • Construction & Real Estate
      • Cybersecurity Media & FCC
      • Election & Legislative
      • Environmental & Energy
      • Family, Estates & Trusts
      • Financial, Securities & Banking
      • Global
      • Health Care Law
      • Immigration
      • Insurance
      • Intellectual Property Law
      • Labor & Employment
      • Litigation
      • Public Services, Infrastructure, Transportation
      • Tax
      • White Collar Crime & Consumer Rights
    • E Newsbulletins
    • Legal Educational Events
    • Law Student Writing Contest
    • NLR Blog
    • Contact Us
    • Search
  • ENEWSBULLETINS

 

New Articles
Bottom Row Image
Advertisement

August 16, 2022

Subscribe to Latest Legal News and Analysis
  • US Executive Branch Update – August 16, 2022 by: Stacy A. Swanson
  • NASEM Recommends That EPA Conduct Ecological Risk Assessment of UV... by: Lynn L. Bergeson and Carla N. Hutton
  • President Biden Signs Inflation Reduction Act – What This Will Mean... by: Matthew A. Hinshaw and Christopher A. Bowles
  • Key Tax Changes Impacting Businesses in the New Inflation Reduction... by: Evgeny Magidenko
  • OMB Completes Review of Proposed Rule to Designate PFOA and PFOS as... by: Lynn L. Bergeson and Carla N. Hutton
  • US Executive Branch Update – August 15, 2022 by: Stacy A. Swanson
  • Inflation Reduction Act Signed Into Law, Committing $370 Billion to... by: James M. Auslander and Eric L. Christensen
  • House Passes Inflation Reduction Act – What This Will Mean for Clean... by: Matthew A. Hinshaw and Christopher A. Bowles
  • How to Best Connect Trial Evidence and Witness Testimony to Case... by: IMS Consulting & Expert Services
  • Get with the Spirit: 6th Circuit Tutorial on Context-Specific... by: Jeffrey D. Mamorsky and Jonathan L. Sulds
  • With IRS Partnership Audits Ramping Up, Will More States Enact the... by: Bruce P. Ely and William T. Thistle, II
  • The Inflation Reduction Act of 2022: Medicare Drug Pricing Provisions... by: Jennifer F. Walsh and Kate M. Kros
  • CMS Recommends Cost Savings Be Passed Along to Medicare Part B... by: McDermott Will & Emery
  • President Biden Signs Inflation Reduction Act into Law by: David S Miller and Stuart L Rosow
  • Michigan Court Stays Minimum Wage Increase and Sick Pay Change until... by: Chelsea Hadaway
  • Build and Maintain an ADA-Compliant Law Firm Website by: CRM News and Updates, Lawmatics
  • 5 Must Read Books for Every Lawyer by: PracticePanther
  • B.S.ing with Eli Albrecht [PODCAST] by: Major, Lindsey & Africa
  • Huge Win for Refined Coal: DC Appeals Court Permits Tax Credits by: Andrew R. Roberson and Kevin Spencer
  • FTC Sues Importer of LED Bulbs and COVID-19 PPE for “Made in USA”... by: Phyllis H. Marcus
  • Recent Federal Developments - August 2022 by: B&C® Biobased and Sustainable Chemicals Practice Group Bergeson & Campbell, P.C.
  • Fannie Mae and Freddie Mac Direct Collection of Borrower Information... by: Christy W. Hancock and Jonathan R. Kolodziej
  • Weekly Bankruptcy Alert: August 16, 2022 by: Bankruptcy & Creditors' Rights
  • How to Use LinkedIn as Your Blog by: Stefanie M. Marrone
  • Blockchain Meets Morrison: Court Rejects Blockchain Class Settlement... by: Jonathan E Richman
  • The Inflation Reduction Act of 2022: Key Health Care Provisions by: Nancy E. Taylor and Tess Dillon Meyer
  • Yes, the CFPB Is Now Regulating Digital Marketers—and That’s Just as... by: TCPA Practice Group
  • Connecticut’s Pandemic “Hero Pay” Program Goes Into Effect by: Tanya A. Bovée and Jessica L. Murphy
  • On the Attack: FDA Pursues Online Retail Fulfillment House by: Devaki Patel and Kyle Y. Faget
  • E-cigs & E-discovery: When Marriage Cannot Save Sloppy Document... by: Yena Hong
  • Employment Dos and Don’ts When Implementing Workforce Reductions by: Felicia S. O'Connor
  • Washington State Adopts Emergency Heat and Wildfire Rules by: Sean Paisan and Sherry L. Talton
  • Fuel Prices in 2022: The Factors that Matter by: Peter Lawrence Loh
  • Suspended PGA Tour Members File Suit Against PGA Tour by: Richard L. Brand and Thomas R. Castiello
  • CDC Adjusts Direction on Exposure Quarantine Requirements for... by: John A. Rubin and Robert J. Simandl
  • California Greenhouse Gas Emissions Bill Moves Forward by: Keith Paul Bishop
  • Supreme Court Denies Coinbase’s Motion to Stay, Allowing Consumers to... by: Appellate Practice Group
  • Did We Hear That Right? NLRB Holds Discipline for ‘Whore Board’... by: John W. Hargrove and Anne R. Yuengert
  • California Supreme Court Accepts Invitation to Weigh In on Employment... by: Mia Farber and Scott P. Jang
  • Litigation Minute: When The Federal No Surprises Act's Dispute... by: Gary S. Qualls
  • Relief Arrives for Renewable Energy Industry - Inflation Reduction... by: Kris J. Eimicke and Merrill Kramer
  • Pediatric Head Injury and Bicycles by: Domenic B. Sanginiti, Jr.
  • Nursing Home Whistleblowers are the Canaries in the Coal Mine: $5.5... by: Eva Gunasekera and Renée Brooker
  • Lawsuit Alleges Plant Butter Deceptively Labeled by: Food and Drug Law at Keller and Heckman

August 15, 2022

Subscribe to Latest Legal News and Analysis
  • Massachusetts Governor Signs Law Encouraging Energy Storage and... by: Andrew O. Kaplan and James M. Avery
  • Addiction and Substance Abuse in a Post-COVID Era: Navigating Stormy... by: John L Litchfield
  • Proposed Amendments to NY Financial Services Cybersecurity... by: Hunton Andrews Kurth’s Privacy and Cybersecurity
  • Perfect Attendance Awards: How to Navigate Them Perfectly by: Jeffrey S. Kopp
  • City of Los Angeles Publishes Regulations and Model Notices for Hotel... by: Jack Schaedel
  • The UK National Security and Investment Act: Key Implications for the... by: Darren Spalding and Nicholas Neuberger
  • The Department of Justice Announces that It Intends to Publish... by: Robert T. Quackenboss and Jason P. Brown
  • ISPs and Anonymous Users Rejoice: DMCA 512(h) Subpoena Subjected to... by: Joseph Grasser and Shyloah Daniel
  • Energy Investment Front and Center in the IRA by: Samuel A. Rasche and Jane E. Montgomery
  • New York Provides Tax Credit for Video Game Production by: Glenn Newman
  • NY Federal Court Rules Insurer Must Cover Policyholder’s Landlords... by: Scott P. DeVries and Janine A. Hanrahan
  • Telecom Alert: 5.9 GHz Band Order Upheld; $146M in Tribal Broadband... by: Jaimy "Sindy" Alarcon and Jim Baller
  • FCA Enforcement: Eighth Circuit Requires But-For Causation for Anti-... by: Lisa M. Noller and Jessica E. Joseph
  • The Inflation Reduction Act: A Tax Overview by: Christie R. Galinski and Loren M. Opper
  • CDC Shifts Approach and Loosens COVID-19 Quarantine Recommendations,... by: Corbin Carter and Michael S. Arnold
  • UK Regulators Crack Down on ‘Greenwashing’ by: Carlton Daniel
  • Circuit Panel Invites Full Court to Reconsider Title VII ‘Ultimate... by: Charles T. Jeremiah
  • The Right Way to Sell Your Services on LinkedIn [VIDEO] by: Stefanie M. Marrone
  • Weekly IRS Roundup August 8 – August 12, 2022 by: Sarah M. Raben
  • SEC and CFTC Propose Digital Asset Reporting on Form PF by: Scott H. Kimpel
  • Strategies for Manufacturers Who Wish to Exit Distribution Agreements... by: Manufacturing Law Blog
  • The NLRB’s Busy July – A Harbinger of Future Coordinated Federal... by: Evan M. Piercey and Tinny T. Song
  • Impaired Brilliance: SEC and US Attorney Sue Veteran Investor for... by: Peter D. Hutcheon
  • Greenwashing Lawsuits Against Major Oil and Gas Companies Are Getting... by: Rebecca L. Jordan and Katherine M. Harrington
  • New York Becomes First State to Require CLE in Cybersecurity, Privacy... by: Hunton Andrews Kurth’s Privacy and Cybersecurity
  • TCPA MORASSE: Pelican and Gustav Renny Stuck in Another Case... by: Eric J. Troutman
  • Release of Paper-Based Version of FDA’s Agricultural Water Assessment... by: Food and Drug Law at Keller and Heckman
  • FTC Planning to Establish Privacy & Data Security Laws by: Peter Vogel
  • Proactive Tips for Businesses Facing Hail Damage Claims by: Risk Management Magazine
  • How A Corporation Can Become Religious Without Converting by: Keith Paul Bishop
  • Broker-Dealer Proprietary Trading Groups: FINRA May Be In Your Future by: James M. Brady and Susan Light

August 14, 2022

Subscribe to Latest Legal News and Analysis
  • Podcast Episode 91: James Austin, Summer Associate [podcast] by: Alexis P. Robertson

Article By

Reid Whitten

Sheppard, Mullin, Richter & Hampton LLP
Global Trade Law Blog
Sheppard, Mullin, Richter & Hampton LLP full service Global 100 law firm handling corporate law

Related Practices & Jurisdictions


  • Government Contracts, Maritime & Military Law
  • Antitrust & Trade Regulation
  • Corporate & Business Organizations
  • Administrative & Regulatory
  • All International
  • All Federal
  • Printer-friendly
  • Email this Article
  • Download PDF
  • REPRINTS & PERMISSIONS
Tweet
Advertisement

What Export Control Reform Means for You: Let Us Cl-EAR Up Changes to the International Traffic in Arms Regulations (ITAR) – Episode I: The Basics – Five Points to Remember about Export Control Reform

Friday, July 12, 2013

The first major wave of the much-discussed U.S. Export Control Reform measures will break on October 15, 2013 as the first round of rule changes take effect.  While many in the affected industries expect that the October changes will be a welcome relief from certain burdensome regulations, many are concerned, confused, and overwhelmed by the complex regulatory shifts being announced by the U.S. State and Commerce departments.

This article is the first in a series addressing various aspects of the ECR changes.  We will do our best to offer a bit of fundamental clarity, provide lay-person explanation, and lend some guidance in parsing nuanced regulations.  We also hope to bring an entirely new concept to the ECR discussion: comprehensibility.  We welcome your feedback by email through our open discussion on Twitter at @ReidGlobalTrade.

Our first article will not repeat the detailed ECR coverage already provided in this blog.  Instead, we will provide five important points to keep in mind as you keep track of the ECR effort.  With those points laid out, we will move right into the details in Episode II: The First Change – Reevaluating your ITAR Aircraft Parts.

Point 1. Keep an Eye on the Calendar.

The changes to ITAR controls are scheduled to be rolled out by category.  For your convenience, the following is a general outline of the schedule so far (to be updated in our monthly ECR editions):

 trade, regulation, import, export, ITAR 

Point 2. The Controls May Open Up Your Business to the World, and the World to your Business.

Many U.S. manufacturers have complained of being excluded from foreign markets by the ITAR.  The problem is that some foreign OEMs source parts only from non-U.S. companies or demand ITAR-free components.  The reason is that, under the ITAR, a single ITAR component can render an entire system subject to ITAR controls.  Thus, foreign OEMs often try to avoid U.S.-origin parts so that their final product will not be pulled under ITAR control by a single ITAR element.  As the ECR shifts certain parts and components from the ITAR to the EAR, U.S. manufacturers will be able to market their products across a new map of open regions (nope, still not China.  More on that in Episode III).  OEMs will now have more options for their supply chains as whole catalogues of new commodities become available for use under EAR controls, rather than ITAR controls.

Point 3. The “R” is for Reform, not Release

In cases where the ECR moves an item off of the United States Munitions List, that item is not suddenly free of all export controls.  Items and technology moved to the EAR will fall under differing levels of control for licensing purposes depending on their technological capabilities and their destination.  Exporters must now carefully review the EAR and the Commerce Control List to determine the applicable controls.  This is especially true for parts moved onto the new EAR “600 Series,” where careful review (or consultation with counsel) may be warranted.  China and other countries under U.S. arms embargoes will remain off limits generally for items moved from the ITAR to the EAR.  The ECR will change the rules of the game for exporters.  It will not, however, eliminate those rules.

Point 4. You Have Plenty of Time to Ease into the Changes . . . You Do Not Have Infinite time to Ease into the Changes.

Exporters will not wake up on October 15 and suddenly race to resubmit their commodity jurisdiction requests, renew their licenses, and renegotiate their agreements.  There are effective dates for the rule changes,  but there will be a transition period for existing licenses.  So don’t panic!  The following table presents timelines for activities affected by the rule changes.

The 1-inch column width and 10-point font that makes the Federal Register so popular may make the reading difficult. The ECR regulations are not so overwhelming, however, once take the time to see how the changes are applied, listen to people discussing them, and ask your own questions about them.  The U.S. Departments of Commerce and State have undertaken a massive education outreach campaign in an effort to ensure that the regulated industries understand the upcoming changes.  The Export.Gov Blog provides timely updates on the changes themselves and the tools to understand those changes.  Assistant Secretary of Commerce for Export Administration Kevin Wolf has been on a world tour of teaching sessions.  He has given over 300 presentations on the ECR so far (we must thank him for much of the insight we are able to provide here).  The Bureau of Industry and Security is even rolling out online decision tree tools to assist you as you decide where your commodities fall under the new regimes.

  trade, regulation, import, export. ITAR  

Point 5. The Regulations ARE Approachable. 

So give the online tools a try, review the secondary sources on the ECR changes, or attend a BIS conference to learn more.  The only way to get a handle on these complex machinations is to get your hands on them and see how they work.  We will provide more hands-on review in Episode II: The First Change – Reevaluating your ITAR Aircraft Parts.

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume III, Number 193
  • Printer-friendly
  • Email this Article
  • Download PDF
  • REPRINTS & PERMISSIONS
Advertisement
Advertisement
Advertisement

TRENDING LEGAL ANALYSIS

US Executive Branch Update – August 16, 2022
By
Squire Patton Boggs (US) LLP
NASEM Recommends That EPA Conduct Ecological Risk Assessment of UV Filters Found in...
By
Bergeson & Campbell, P.C.
President Biden Signs Inflation Reduction Act – What This Will Mean for Clean...
By
Bradley Arant Boult Cummings LLP
Key Tax Changes Impacting Businesses in the New Inflation Reduction Act
By
ArentFox Schiff LLP
Advertisement
Advertisement
Advertisement

About this Author

Reid Whitten, partner, Sheppard Mullin Law Firm
Reid Whitten
Partner

Reid Whitten works with clients around the world to plan, prepare, and succeed in global business transactions.

In the areas of U.S. and international sanctions, export and defense export controls, and anti-corruption regulations, he supports clients in detecting and deterring potential compliance issues as well as conducting and defending investigations and enforcements. Mr. Whitten also advises on anti-dumping, anti-money laundering, and anti-boycott regulations.

Mr. Whitten is a thought leader on cross-border business regulations. He teaches a seminar on The Law of...

[email protected]
202-469-4968
www.sheppardmullin.com
Advertisement
Advertisement
Advertisement
National Law Review
  • Antitrust Law
  • Bankruptcy & Restructuring
  • Biotech, Food, & Drug
  • Business of Law
  • Election & Legislative
  • Construction & Real Estate
  • Environmental & Energy
  • Family, Estates & Trusts
  • Financial, Securities & Banking
  • Global
  • Health Care Law
  • Immigration
  • Intellectual Property Law
  • Insurance
  • Labor & Employment
  • Litigation
  • Cybersecurity Media & FCC
  • Public Services, Infrastructure, Transportation
  • Tax
  • White Collar Crime & Consumer Rights
  • Coronavirus News
  • Law Student Writing Competition
  • Sign Up For NLR Bulletins
  • Terms of Use
  • Privacy Policy
  • FAQs

 

As a woman owned company, The National Law Review is a certified member of the Women's Business Enterprise National Council

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521  Telephone  (708) 357-3317 or toll free (877) 357-3317.  If you would ike to contact us via email please click here.

Copyright ©2022 National Law Forum, LLC