Monthly Archives: January 2018

New Year State and Commerce Maximum Penalty Adjustments,
EAR Corrections, and Invitation for DTAG Membership

Editorial Updates to EAR

On December 27, 2017 (82 FR 61153, corrected by 83 FR 709), the Department of Commerce issued a series of revisions, clarifications, and technical corrections to the Export Administration Regulations (EAR).  These are editorial corrections that do not affect license requirements.  The rule also updates the Export Control Decision Tree (supplement No. 1 to part 732), last revised in 2004, primarily to correct references to the EAR.  The flow of the Export Control Decision Tree is unchanged.

Civil Penalties Adjusted for Inflation

On January 3, 2018 (83 FR 234, corrected by 83 FR 2738), the Department of State amended the ITAR (and other Title 22 regulations) to adjust the maximum civil penalties for inflation.  The § 127.10 civil penalties were amended as follows:

  • 127.10(a)(1)(i) increased from $1,111,908 to $1,134,602.
  • 127.10(a)(1)(ii) increased from $808,458 to $824,959 (or five times the amount of the prohibited incentive payment, whichever is greater).
  • 127.10(a)(1)(iii) increased from $962,295 to $981,935.

On January 8, 2018 (83 FR 706), the Department of Commerce published its adjustments for inflation, including increasing the maximum penalty for a violation of the International Emergency Economic Powers Act from $289,238 to $295,141.

DTAG Membership Notice

Finally, the Defense Trade Advisory Group (DTAG), the State Department’s advisory group of defense trade representatives, is seeking applications for membership with a postmark deadline of March 2, 2018.  For application and submission instructions, please see this notice.

(None of the information is intended to be authoritative official or professional legal advice. Consult your own legal counsel or compliance specialists before taking actions based upon this blog or other unofficial sources.)