On 3 June 2015, the US Commerce Department’s Bureau of Industry and Security (BIS) and Department of State’s Directorate of Defense Trade Controls (DDTC) published companion announcements in the Federal Register of proposed revisions to key terms in the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). The proposed rules, if adopted, would harmonize definitions of important concepts used in both sets of regulations, including “technology” and “technical data,” “required,” “peculiarly responsible,” “proscribed person,” “published,” results of “fundamental research,” “public domain,” “export,” “reexport,” “release,” “transfer” and “transfer (in-country).” Each agency published on its website a side-by-side comparison of the relevant regulatory text from both the EAR and ITAR. In addition, the proposed rules include measures to clarify existing controls in the EAR and ITAR on electronically transmitted and stored technology and software secured using end-to-end encryption, and the scope of “defense services” under the ITAR. BIS and DDTC will accept comments on the proposed rules until 3 August 2015.
