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Published byHerbert Doyle Modified over 8 years ago
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Revisions to the Dual/Third National Rule in the ITAR Directorate of Defense Trade Controls Bureau of Political Military Affairs
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2 Old (Current) Rule Equated citizens themselves to “proscribed” destinations Absolute bar to citizens of §126.1(a) countries
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3 Problem with the Old Rule Nationality or Place of Birth was criteria for access to ITAR defense articles & technology Not a valid indicator of loyalty or trustworthiness Overly broad criteria led to absurd results Goes beyond AECA requirement
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4 The Real Risks of Diversion Front companies –Some operate on behalf of governments –Some operate for private interests Individual profiteers – Some specialize in certain destinations – Others are indiscriminate for ultimate destination(s)
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5 Trusted Community Concept –Export Control Reform review leading to new philosophy and approach –Shared national security interests with allies and partners –Shared interests in protecting proprietary data –Recognizes/protects national investments in defense-related technologies
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Applies only to transfers to licensed end-users and consignees (and sub-licensees) Limited to transfers within the scope of the license and within scope of employment Regular, full-time employees only Clearance or screening required to qualify Pending Dual/Third National Rule
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7 Substantive Contacts Government contacts Business contacts Allegiance Proprietary interests Other contacts indicating a risk of diversion
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8 What the New Rule does Ends the requirement for separate licensing for dual and third country nationals Requires end-user employees have clearances or be screened for risk of diversion Requires end-users have technology security programs
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9 What the New Rule does not do Forces foreign end-users to layoff workers who are dual or third country nationals Requires foreign end-users to layoff an employee because of his/her place of birth Automatically disqualify anyone because of family ties, travel, or other contacts with foreign nationals
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10 Elements of an Effective Technology Security Program An empowered export official with end-user An empowered security officer/manager On site physical security program Access management for articles & data Entry level screening Recurring screening Non-disclosure statements
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11 Canadian Controlled Goods Program A good model for compliance Shared assessment of security landscape Risk management approach Mutual interests in nonproliferation, human rights, and respective national security
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Closing Comments New rule moves us away from mere nationality or place of birth as criteria not a good measure of trustworthiness no real nexus to national security New rule recognizes core concern as risk of diversion behavior/activities aimed at breach of security Trusted community – mutual security interests share our best defense technology
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