Podcast on Selling to NATO: Export Controls

Introduction

• Topic: Export Controls related to selling to NATO
• Disclaimer: US export controls are undergoing significant changes; check for latest updates

Key US Export Controls

1. International Traffic in Arms Regulations (ITAR)

   • Defense-related export controls
   • Managed by the Department of State's Directorate of Defense Trade Controls (DDTC)
   • Covers items on the US Munitions List (explicitly considered weapons or related)
   • Presumption of denial for export of listed items
   • Broad interpretation, e.g., military-specific items like olive drab duct tape

2. Export Administration Regulations (EAR)

   • Governs Commerce Control List (dual-use goods)
   • Managed by the Department of Commerce's Bureau of Industry and Security
   • No presumption of denial; depends on destination, end-user, and purpose
   • Example: Exporting a Speak and Spell to Syria could require a license
   • Use Export Control Classification Number (ECCN) to determine need for a license
   • Items not on the control list are designated as E99, often not requiring a license

Licensing and Compliance

• Manufacturers must determine if an export license is required
• Can self-check using the US Munitions List
• If unsure, request commodity jurisdiction from DDTC
• Registration with DDTC required if item is on the US Munitions List
• Export license applications and registration links provided online

Key Points

• Once exported, the recipient cannot reexport without an additional license
• Exports can occur through various means: hand delivery, courier, email, internet, phone
• Release of information is a 'deemed export'
• Intellectual property and technical knowledge may require authorization for foreign travel
• Non-compliance can lead to loss of rights, fines, or imprisonment

Challenges and Changes

• "Specifically designed for military use" is a broad and challenging phrase
• Allied countries face difficulties re-exporting controlled items
• Overhaul in progress: 70% of items on US Munitions List may move to Commerce Control List

Impact on NATO Procurement Agencies

• NATO's procurement agencies (NSPA and NCIA) require end-user certification
• Certification signed by an authorized representative of the nation's Ministry of Defense

Conclusion

• Upcoming topic: Advocacy Support
• Encouragement to check provided links for more information on export controls