The Commerce Department’s Bureau of Industry and Security (“BIS”) and the State Department’s Directorate of Defense Trade Controls (“DDTC”) published proposed rules in the Federal Register today (BIS rules here; DDTC rules here) amending the Export Administration Regulations (“EAR”) and Category XII of the International Traffic in Arms Regulations (“ITAR”) as part of the President’s
The Commerce Department’s Bureau of Industry and Security (BIS) confirmed that simply accessing from abroad software subject to the Export Administration Regulations (EAR) that is stored on a server in the United States does not constitute an export of the software, provided the user does not download a software application from the cloud.
The Department of Commerce’s move was announced on 25 March 2014 on the website of the Bureau of Industry and Security (BIS), which administers the export licensing process for items on the Export Administration Regulations (EAR) Commerce Control List. The notice reads, “Since March 1, 2014, BIS has placed a hold on the issuance of
In a major step toward export control reform, the U.S. Congress passed legislation on 21 December 2012 giving the President authority to ease export controls applicable to commercial communications satellites (COMSATs) and related items. The National Defense Authorization Act for Fiscal Year 2013 (NDAA), which was signed into law by President Obama on 3 January