Archive for the ‘ITAR’ category

International Trade Dinner at Harris Beach – Tuesday, June 6

May 11, 2017

Join us at Harris Beach for an enlightening discussion about the current climate, rules and regulations concerning International Trade.  These events at Harris Beach are always well attended by RRPC / New York Photonics members and involve plenty of lively discussion.

  • 5:00pm Registration/Reception
  • 6:00pm Dinner / Presentation

As the global photonics marketplace expands its reach to commercial operations of all sizes, businesses need help to successfully take advantage of growing international trade opportunities and avoid potential legal and regulatory pitfalls unique to cross-border activity. Various state and federal statutes, regulations and U.S. recognized international conventions are triggered when a domestic business conducts cross-border activity, including the disclosure of export-controlled materials to foreign nationals within domestic borders.  The presentation will include a  sampling of real-world situations which businesses of all sizes have encountered from the unanticipated application of federal export control laws, economic sanctions programs and international contracting principles, and which hopefully will sensitize you to the extensive reach of international trade laws as you guide your enterprises toward success. Topics will include a review of current developments affecting:

  • Import/export licensing and controls
  • US. Economic sanctions programs
  • Government contracting
  • European Union- United States Data Transfers
  • General Business Practices

This event is $50 for non-RRPC members
RRPC Members use the discount code MEMBER to attend this event at no charge.

Not sure if your company is a New York Photonics Member?  Contact Marilyn Giannoccaro to find out.

Click here for more information and registration

Please register by Friday, June 2, 2017

Your Presenter

Allen E. Molnar is a partner at Harris Beach PLLC. He represents commercial clients on regulatory and international trade compliance matters and in ancillary proceedings related to ongoing civil litigation, such as state and federal regulatory enforcement investigations and international corporate investigations.

Allen handles issues with multijurisdictional or international implications, such as compliance with requirements of anti-moneylaundering laws, the Bank Secrecy and PATRIOT Acts, data privacy requirements, import-export issues, and matters involving the U.S. Treasury Department’s Office of Foreign Assets Control, the U.S. Commerce Department’s Bureau of Industry and Security, and the U.S. State Department’s Directorate of Defense Trade Controls.  He has interacted with the Federal Bureau of Investigation, the U.S. Secret Service, state police, the federal Financial Crimes Enforcement Network, INTERPOL, and overseas law enforcement officials in the resolution of several matters.  Allen also counsels institutional clients on matters involving government procurement contracts, including application of Federal Acquisition Regulations and Defense Federal Acquisition Regulations, complying with their requirements/investigating suspected compliance lapses, and responding to agency enforcement actions.

Arrest Made in Optics & Thermal Imaging Export Violation

March 10, 2017

UKRAINIAN NATIONAL ARRESTED IN CONNECTION WITH SCHEME TO ILLEGALLY EXPORT RIFLE SCOPES AND THERMAL IMAGING EQUIPMENT

Military grade equipment was intended for shipment to Ukraine.  Queens Man Sought to Export Controlled Rifle Scopes and Thermal Imaging Equipment Designed for Military Use.

The devices obtained by the defendant and his co- conspirators included some of the most highly powerful and technologically sophisticated night vision rifle scopes and thermal imaging equipment available, including, among others, an Armasight Zeus-Pro 640 2-16×50 (60Hz) Thermal Imaging weapons sight, a FLIR Thermosight R-Series, Model RS64 60 mm 640×480 (30Hz) Rifle Scope, and a ATN X -Sight II 5-20x Smart Rifle Scope.

Thanks to Jon Yormick at Phillips Lytle LLP for making us aware of this story.

>>DOJ Press Release Here<<

Please Note:
The deadline for providing public comments to the State Department and Commerce Department’s Notice of Inquiries (NOIs) regarding suggested changes to US Munitions List Category XII and corresponding Commerce Control List VI is March 14th.

If your company or university can provide detailed comments on the direct impact of the suggested language in the NOIs, this is by far ideal. Templates to help guide you in providing these comments, and further information on the NOIs, can be found at http://www.spie.org/export

Not commenting at all will be seen by the inter-agency as having no objections to the proposed regulatory language in the NOIs. The Federal Register notices can be found at the links below.

https://www.federalregister.gov/documents/2017/01/13/2017-00651/notice-of-inquiry-request-for-comments-regarding-united-states-munitions-list-category-xii

https://www.federalregister.gov/documents/2017/01/13/2017-00652/increase-of-controls-infrared-detection-items

 

ITAR Reforms Will Be Signed Into Law at Year End

November 29, 2016

From Laser Focus World:

Chuck Schumer

New York Senator Chuck Schumer was active on Munitions Rule Category XII reforms, including lasers, optics and photonics exports.

It’s complicated, has been supported by many in photonics (notably SPIE and OSA), has major implications for U.S. makers of products such as high-power fiber lasers and focal plane arrays, and becomes law on December 31, 2016. Here are some thoughts and resources for piecing together how the rules have change in Category XII (Fire Control, Laser, Imaging, and Guidance Equipment) of the U.S. Munitions List (USML) of the International Traffic in Arms Regulations (ITAR).

Kevin Wolf, the U.S. Assistant Secretary of Commerce for Export Administration, has been overseeing the reform process and spoke to a large audience at the OSA Laser Congress in Boston last week. He said the new regulations were the result of 2 years of public comment, resolve 20 years of policy dispute, and are now in the refinement stage.

He added, “The process for reviewing [international sales of] commercial items is now far easier and it opens potentially new markets for U.S. products.” He also said the new regulations eliminate significant uncertainty that standard commercial photonics products could be “sucked into ITAR.” Many less-sensitive military items and commercial spacecraft items may now be regulated under Export Administration Regulations for control of commercial products.

>>Read More Here<<

SCHUMER SAYS TIME IS RUNNING OUT FOR FEDS TO FINALIZE RULE THAT ALLOWS PHOTONICS COMPANIES TO SELL HIGH-TECH PRODUCTS FOR NON-MILITARY USES OVERSEAS; URGES FEDS TO IMMEDIATELY IMPLEMENT RULE BEFORE IT’S TOO LATE

July 12, 2016

>>Full Press Release here.<<

The actual language that Senator Schumer got in the base bill is this:

 SEC. 603. OPTICS AND PHOTONICS TECHNOLOGY INNOVATIONS.

 (a) FINDINGS.—Congress makes the following findings:

(1)    The 1998 National Research Council Report, ‘‘Harnessing Light’’ presented a comprehensive overview on the importance of optics and photonics to various sectors of the United States economy.

(2) In 2012, in response to increased coordination and investment by other nations, the National Research Council released a follow up study recommending a national photonics initiative to increase collaboration and coordination among United States industry, Federal and State government, and academia to identify and further advance areas of photonics critical to regaining United States competitiveness and maintaining national security.

(3) Publicly-traded companies focused on optics and photonics in the United States enable more than $3 trillion in revenue annually.

 

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) optics and photonics research and technologies promote United States global competitiveness in industry sectors, including telecommunications and information technology, energy, healthcare and medicine, manufacturing, and defense;

(2) Federal science agencies, industry, and academia should seek partnerships with each other to develop basic research in optics and photonics into more mature technologies and capabilities; and

(3) each Federal science agency, as appropriate, should—

(A) survey and identify optics and photonics-related programs within that Federal science agency and share results with other Federal science agencies for the purpose of generating multiple applications and uses;

(B) partner with the private sector and academia to leverage knowledge and resources to maximize opportunities for innovation in optics and photonics, and

(C) explore research and development opportunities, including Federal and private sector-sponsored internships, to ensure a highly trained optics and photonics workforce in the United States.

(D)Encourage partnerships between academia and industry to promote improvement in the education of optics and photonics technicians at the secondary school level, undergraduate, and two-year college, including through the NSF Advanced Technological Education (ATE) program; and 

(E) assess existing programs and explore alternatives to modernize photonics laboratory equipment in undergraduate institutions in the US to facilitate critical hands-on learning.

National Photonics Initiative and NYPhotonics On The Hill For Congressional Visits

April 15, 2016

This week we were in DC for Congressional Visits Day and STEM on The Hill, combining forces with our colleagues at OSA and SPIE and ASTRA to educate and inform our delegation about the importance of Optics, Photonics and Imaging to our national security and to the economy.  Our work impacts American lives in so many areas: health care, defense, security and consumer products just to name a few, that it is important to identify, emphasize and support legislation that is important to our membership.

The Optical Society of America (OSA) and International Society For Photonics (SPIE) have really stepped up their lobbying game with the National Photonics Initiative, and their hard work makes our work on The Hill so much easier.

Acknowledgement is due to OSA President, Elizabeth Rogan and SPIE President, Eugene Arthurs for their leadership, and to OSA staff Laura Kolton and Brandy Dillingham and SPIE staff Krisinda Plenkovich and Jennifer Dsouris.  Without their hard work and leadership the NPI would not exist and there would have been no Photonics NMI opportunity that resulted in AIM Photonics, focused upon the development of integrated photonics.  This is important to keep in mind with so many people taking bows.  If you see any of these folks at events and conferences around the world, thank them for their good work.

This week we were fortunate to be joined by two PhD candidates, Jacob Wirth from RIT and Fabrizio Bucccheri, from UR, whose concise descriptions of their work, its relevance to national security, and the importance of U.S. investment in fundamental research that made it possible brought home our R&D message when talking to Congresswoman Louise Slaughter, Congressman Christopher Smith, Senator Robert Menendez, Senator Corey Booker, Senator Kristen Gillibrand and Senator Chuck Schumer.

Fabrizio’s and Jacob’s participation in this week’s events were made possible by student travel grants from OSA.  What a great opportunity for these students.  An interesting note: Jacob’s research colleague at Naval Research Labs was a prior student participant in Congressional Visits Day.

For a look at this week’s talking points during our congressional visits, click here: 2016 NPI Talking Points

 

In Rochester Congresswoman Louise Slaughter's office. Left to right: AIM Photonics Executive, Ed White; Congresswoman Louise Slaughter (NY25); UR PhD candidate, Fabrizio Buccheri; RIT PhD candidate, Jacob Wirth; New York Photonics Executive Director, Tom Battley

In Rochester Congresswoman Louise Slaughter’s office. Left to right: AIM Photonics Executive, Ed White; Congresswoman Louise Slaughter (NY25); UR PhD candidate, Fabrizio Buccheri; RIT PhD candidate, Jacob Wirth; New York Photonics Executive Director, Tom Battley

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In Senator Chuck Schumer’s office, Left to right: New York Photonics Executive Director, Tom Battley; University of Rochester PhD candidate, Fabrizio Buccheri; US Senator, Chuck Schumer (New York); RIT PhD candidate, Jacob Wirth; AIM Photonics Executive, Ed White; retired Corning researcher, Richard Vodhanel PhD.

Addressing Critical Trade Compliance Issues

June 9, 2015

On Thursday, June 4th, OSA, SPIE and New York Photonics hosted a webinar with the Department of Commerce about proposed changes to the U.S. Munitions List.  These changes have the potential to greatly hamper the export of optics and photonics products from the U.S.

26 New York Photonics members participated in the Webinar.  The presentation is >>here<<

 

 

ITAR Alert: Rules Changes and Comment Period

May 5, 2015

A 60-day comment period beginning today is the photonics industry’s opportunity to provide vital input on proposed regulations controlling export of important technologies under Category XII of the U.S. Munitions List, which governs commodities covered by International Traffic in Arms Regulations (ITAR). The proposal has broad implications for the U.S. optics and photonics industry both now and into the future, say analysts at SPIE, the international society for optics and photonics.

SPIE will host a webinar on 12 May to provide information and guidelines on how to comment on the proposed changes – registration is now open.  

Comments needed now from photonics industry on revisions of U.S. export rules. As comment window opens, SPIE webinar will advise how to give input on newly proposed revisions in U.S. export control rules.

The U.S. Department of Commerce is accepting comments on proposed new Category XII rules which govern ITAR. The rewrite is part of an overarching Export Control Reform (ECR) initiative undertaken by the Administration, explained Jennifer Douris, a lobbyist for SPIE, the international society for optics and photonics, and a member of the Sensors and Instrumentation Technical Advisory Committee (SITAC) of the Bureau of Industry and Security in the USDC.

Category XII covers many of the optics and photonics commodities and components controlled under ITAR.

The comment process is seen as the best opportunity for exporters, manufacturers, and researchers to influence revisions in regulations that control photonics exports.

“Most of the other categories have already been addressed, but the Administration has saved Category XII for last due to its complexity and importance to both industry and the military,” Douris said.

 The ECR initiative was launched in 2009 with the expressed purpose of building higher walls around fewer items, she explained. “The reasoning behind this was to allow for better protection of what the military would consider to be its ‘crown jewels’ while recognizing the economic realities that are important to industry. This approach is meant to strengthen our national security, while improving the competitiveness of U.S. businesses.”

 “I believe that the ECR revisions to Category XII must allow for future growth of the photonics and optics industry while protecting technologies especially designed for the military,” said Jim McNally, chair of the SPIE Engineering, Science, and Technology Policy (ESTeP) committee. “Many of the commodities and components controlled by the USML might more appropriately be placed on the Commerce Control List. The reforms will have a direct and lasting impact on industry and our academic community. I urge all parties to participate in the comment period.”

 SPIE CEO Eugene Arthurs noted that the economic impacts being seen by industry are becoming more serious by the day.

 “The stakes are high for our industry,” Arthurs said. “Outside of a few major contractors, the Department of Defense does not and cannot invest enough R&D funds to sustain and grow businesses. Federal budget actions have kept R&D funding virtually flat, while market opportunity grows rapidly.”

 Meanwhile, he said, non-U.S. companies with similar products are selling freely, and using the motto “ITAR-Free” to do so. “Many are prudently investing the resulting revenue back into their companies, feeding the potential for rapid growth” Arthurs said. “This scenario comes at the detriment of the U.S. industry’s growth and the high-paying jobs that come with it.”