On June 3, 2015, the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) and BIS published proposed rules amending the International Traffic in Arms Regulations (ITAR) and the EAR in an attempt to further implement the president’s Export Control Reform (ECR) initiative and refine these regulations. Under the proposed rules, certain electronic transmissions of encrypted controlled technical data across borders would no longer be considered “exports.” DDTC also proposes amending the definition of “defense services” and providing definitions for other terms that had been previously undefined. BIS also intends to codify its deemed reexport guidance. Finally, the proposed rules align certain definitions of common terms between the ITAR and the EAR. The agencies published a chart comparing these terms. DDTC and BIS are soliciting comments from industry and will consider all comments submitted by August 3, 2015, before publishing final rules.

For additional information on the proposed changes, see the June 24, 2014, blog entry in AG Trade Law and the Federal Register announcement.