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If U.S. ITAR regulations are causing foreign defense contractors to “Design out U.S. content,” thus, losing potential markets, where should we turn to? I say our own backyard
Expert Article by Christos Linardakis
With the elections and holidays now behind us, it appears Congress will make another attempt to finish up their changes to the ITAR regulations, but not likely anytime soon. Although tremendous progress has been made in sorting out a “maze” of restrictions and regulations, a lot more work is required. Thus, with both U.S. and foreign defense manufacturers “designing out” U.S. products that are subject to the ITAR, maybe we should be looking closer to home? Maybe the potential to overcome, at least temporarily, some of these strict requirements, is by looking at our own backyard for new opportunities?
I recall a long time ago, when my younger brother said, “there’s more than enough places here in the U.S. to see, why do you keep going overseas?” A quarter century later, that comment still rings true. So, why couldn’t it apply to ITAR-controlled products? The Department of Homeland Security (DHS) is currently using 2 types of UAVs: drones and remotely piloted vehicles (RPVs), both of which are now being utilized for our U.S. – Mexico border patrol. U.S. Customs, U.S. Coast Guard, and other Federal law agencies are seeking to acquire more technology in their battle against cyber-attacks and in homeland security—everything from night-vision to “Unmanned Aerial Systems,” which combine control station, software and data links to support UAVs, all of which are predominately controlled under the ITAR.
With provisions like the “Buy American Act” and other government procurement requirements, U.S. manufacturers have a potentially untapped domestic market, other than the traditional DOD arena. Fears of coordinated attacks on key-critical infrastructures will continue to put pressure on the DHS to step up its role in the “defense” area, all of which will need support by U.S. manufacturers of military products, that we can (and should) tap into.
In the end, all companies will need to adapt to the changing environment surrounding ITAR controlled products. Whether it’s by designing commercial items applicable for defense applications, or looking at new potential markets closer to home, like the DHS, maybe it’s time to rethink our strategies?
And as to my brother’s comment? I’ve taken his advice and started traveling in the U.S.
Christos has served as a Global Trade Compliance Officer & Empowered Official for a Fortune 25 and a Fortune 500 company. In addition, he has held positions for both public and private companies in various capacities handling ITAR, Exports, Customs and off-shore manufacturing for both commercial and military products. He is also an Adjunct Professor at John Marshall Law School LLM program.
- If U.S. ITAR regulations are causing foreign defense contractors to “Design out U.S. content,” thus, losing potential markets, where should we turn to? I say our own backyard (Janaury 24, 2013)
Taking you through the ins and outs of fundamental U.S. Customs law topics, how to interact with and respond to U.S. Customs and Border Protection, and apply the requirements to your real-life scenarios
When: Tuesday, November 27 to Wednesday, November 28, 2012
Where: Washington Plaza Hotel, Washington, DC, USA
For more information, and to register: click here
When: Wednesday, November 14 to Thursday, November 15, 2012
Where: Hilton Arlington, Arlington, VA, USA
Led by industry veterans Stanley Borgia (Rolls-Royce NA) and Christopher Griner (Kaye Scholer) who will be Co-Chairing ACI’s 2nd National Summit on Industrial & National Security Compliance, benefit from the unique blend of in-house trade and security professionals, US government regulators and seasoned attorneys and consultants who will provide practical strategies for regulatory compliance, and security of your most valuable assets.
- DSS Priorities, Oversight, Pending Legislation and Policy Initiatives: Stanley L. Sims – Director, Defense Security Service
- Counterintelligence and Cyber Crime Update from the FBI: Robert Anderson, Jr., Assistant Director of Counterintelligence Division, Federal Bureau of Investigation
- The CFIUS Process: Mark Jaskowiak, Deputy Assistant Secretary for Investment Security, US Department of Treasury
Rolls-Royce North America, Boeing, Smiths Group, Lockheed Martin, Raytheon, Symantec, General Dynamics, iDirect Government Technologies, DRS Technologies, CACI International, Ball Aerospace & Technologies, and BAE Systems
Complete your training at Exclusive Post-Conference Working Group Sessions – November 16, 2012:
- A: DSS INSPECTIONS: A Practical Guide to Preparing for Vulnerability Assessments: Maximizing your Chances of Receiving a “Superior” Rating through Security “Enhancements” – Led by Richard Lawhorn (DSS), Jennifer Brown (iDirect Technologies) and Kenneth White (Raytheon)
- B: Technology Control Plans (TCP) and Electronic Communications Plans (ECP): The Ins and Outs of Crafting a Comprehensive TCP and ECP to Control Foreign National Access and Protect Classified Information - Led by Richard Naylor (DSS), Ted Timberlake (Global Integrated Security), and Dale Turza (Cadwalader, Wickersham & Taft)
When: Tuesday, October 23 to Wednesday, October 24, 2012
Where: Millennium Knickerbocker, Chicago, IL, USA
American Conference Institute’s ITAR Boot Camp is scheduled for October 23-24 in Chicago. Unlike other ITAR training in the Midwest, this unique, nuts and bolts course will delve into key ITAR requirements through in-depth discussion, case studies and hands-on exercises.
While other courses feature only a handful of speakers, this event will allow you to meet and learn from a diverse faculty of senior government officials, large and smaller exporters, as well as leading private practice experts. New speakers from government, and large and smaller exporters: DTSA, Department of Homeland Security, GE Aviation, Boeing, Goodrich, Esterline, Meggitt Aircraft Braking Systems, Richardson Electronics, Raytheon, Molex, Northrop Grumman, ATK, Woodward and Eaton.
INTENSIVE FOCUS ON HOW TO CLASSIFY ITEMS, TECHNOLOGY AND SERVICES, AND THE IMPACT OF EXPORT CONTROL REFORM:
The first day of the event includes an intensive, half-day of discussion, case studies and exercises on how to classify items, technology and services under the ITAR, and identify ITAR-controlled technical data and defense services. DTSA will also provide practical guidance on its expectations for preparing ITAR licenses and agreements, and drafting CJ requests.
MORE FOCUS ON HOW TO COMPLY WITH FOREIGN, DUAL AND THIRD COUNTRY NATIONAL RULES:
The new 2012 agenda also includes two in-depth sessions on how to comply with foreign, dual and third country national rules, reconcile ITAR requirements with foreign anti-discrimination and privacy laws, and coordinate compliance efforts with your HR Department.
Intensive Pre-Boot Camp industry working groups – October 22, 2012:
- Licensing Working Group: How to Prepare ITAR Licenses and Agreements that Meet DDTC and DTSA Expectations
- IT Management of ITAR Compliance Working Group: Managing ITAR-Controlled Data and Foreign National IT Access
When: Tuesday, October 02 to Wednesday, October 03, 2012
Where: The Claremont Hotel Club & Spa, San Francisco, CA, USA
There is no denying that FCPA and corruption enforcement has seen a vast uptick across domestic and international jurisdictions. In an environment like this, it is critical to avoid getting caught in the regulatory crosshairs. Are your compliance program and internal controls sophisticated enough to withstand the impact?
Minimize your company’s risk exposure by ensuring that an effective anti-corruption compliance policy is in place, continuously audited and that all employees are trained and up to speed on what current corporate compliance policies are.
Learn what steps your company needs to take to successfully implement and monitor an effective
anti-corruption compliance program under the current enforcement environment.
Back for its 16th iteration, ACI’s FCPA Boot Camp, in San Francisco, is structured specifically to provide a forum for addressing the continuing and emerging areas of focus for FCPA enforcement. A must-attend event for legal counsel, fraud examiners, investigative and compliance counsel/officers and FCPA attorneys, attendees of this highly rated boot camp will walk away with a comprehensive, working knowledge of the current enforcement environment, along with practical strategies for addressing high risk areas of exposure across your business operations.
Featuring an updated agenda with increased focus on building a risk-based compliance program. Learn how to:
- Develop your company’s “heat map”: how to assess your specific risk profile based on your industry or geographic scope
- Prevent FCPA violations and facilitation payments in global supply chain and customs operations
- Leverage internal audit to detect books and records violations
- Conduct effective training for high risk markets: how to ensure the global trickle down of your compliance message
- Conduct effective and cost-conscious internal investigations
- Overcome electronic and data privacy challenges in global FCPA investigations
José Villodre López - Judge – Chief Magistrate, The Court of First Instance, Barcelona
Nora Kaiser – Prosecutor, Land Court of Hamburg, Former Prosecutor at The Attorney General Office in Munich
Bapsy Dastur - General Counsel – Head Legal & Integrity IMA, ABB (UAE)
Massimo Mantovani – General Counsel Legal Affairs – Senior Executive Vice President with Eni