Security & Defense

Disclosure of Violations of the Arms Export Control Act

🇺🇸United States··Notice·Medium Impact·View source ↗

AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.

🇬🇧 English

The Department of State is soliciting public comments regarding an information collection for the disclosure of violations of the Arms Export Control Act (AECA). This process allows individuals and companies engaged in defense exporting or brokering to voluntarily report violations to the Directorate of Defense Trade Controls (DDTC). The information will be used to assess potential administrative actions or penalties, and the voluntary nature of disclosures may reduce these penalties.

AI-generated summary. May contain errors. Refer to official sources for legal decisions.

Key Changes

  • Establishment of a voluntary reporting mechanism for violations.
  • Request for public comments prior to submission to OMB.
  • Inclusion of electronic submission options for disclosures.

Obligations

What this law requires

high

Individuals and companies engaged in exporting, temporarily importing, or brokering defense articles or defense services must voluntarily disclose violations of the Arms Export Control Act (AECA), its implementing regulations, and the International Traffic in Arms Regulations (ITAR) to the Directorate of Defense Trade Controls (DDTC)

Individuals and companies engaged in defense exporting, temporary importing, or brokering
disclosure
high

Voluntary disclosures of AECA violations must be submitted using Form DS-7787 via electronic submission to DDTC

Individuals and companies engaged in defense exporting, temporary importing, or brokering
operational
high

Disclosures submitted to DDTC must include information as described in ITAR Section 127.12

Individuals and companies engaged in defense exporting, temporary importing, or brokering
disclosure
high

Failure to report a violation of AECA or ITAR will be considered an adverse factor in determining administrative penalties and may result in referral to the Department of Justice for criminal prosecution consideration

Individuals and companies engaged in defense exporting, temporary importing, or brokering
prohibition
medium

DDTC must analyze disclosed information to determine whether to take administrative action concerning any violation that may have occurred

Directorate of Defense Trade Controls (DDTC)
operational

Affected Parties

Individuals and companies involved in defense exportsDirectorate of Defense Trade Controls

Tags

arms export,compliance,public comment