On June 3, 2016 the Department of Commerce issued a final rule, and the Department of State issued an interim final rule, making changes to key definitions in the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). The rules update the definitions of “export,” “reexport,” “release,” and “retransfer” under both the EAR and the ITAR. Furthermore, the BIS final rule adds or revises the following EAR definitions: “access information,” “foreign person,” “fundamental research,” “proscribed person,” “publicly available encryption software,” “published,” “required,” “technology,” “transfer,” and “transfer (in-country).” For a detailed analysis of the new definitions and potential implications, please click here.
