This is a important issue. Not only is the law rapidly evolving in this area under Export Control Reform but also the issue of whether the federal courts will allow judicial review of government determinations.
Washington, DC (PRWEB) March 18, 2015
The law firm of Stagg Noonan LLP has published a client alert regarding a recent court case that involves the commodity jurisdiction procedure. The court case is Pulungan v. United States, 722 F.3d 983 (7th Cir. 2013).
The client alert notes that:
"Export Control Reform and its focus on positive control criteria is here. The government believes that a positive control list will make jurisdiction assessments more certain and require less use of the commodity jurisdiction (CJ) procedure. However, what happens if an item is the subject of a CJ case and the government makes a determination that is inconsistent with the control criteria? This is not a theoretical question. A recent lawsuit and its underlying criminal prosecution involved this issue."
The commodity jurisdiction procedure is administered by the Directorate of Defense Trade Controls (DDTC) within the U.S. Department of State pursuant to the International Traffic in Arms Regulations (ITAR).
“This is a important issue. Not only is the law rapidly evolving in this area under Export Control Reform but also the issue of whether the federal courts will allow judicial review of government determinations,” said Christopher Stagg who authored the client alert.
Mr. Stagg was with DDTC from August 2010 to September 2013 where he was a senior member of the policy and commodity jurisdiction sections. He was also a key member of revising the ITAR and U.S. Munitions List under Export Control Reform, including to the commodity jurisdiction procedure.
A copy of the client alert can be obtained from the firm’s website at http://www.staggnoonan.com.
About Stagg Noonan LLP
Stagg Noonan LLP provides a unique service to its clients as a leading law firm and thought leader on U.S. export control laws with extensive experience in the areas of the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR).
The firms lawyers have extensive legal experience and are former senior regulators from the Directorate of Defense Trade Controls (DDTC) at the U.S. Department of State who were responsible for administering, enforcing, and revising the ITAR.
The firm serves clients located throughout the United States and internationally. Its clients include: defense prime contractors and subcontractors, aerospace companies, cybersecurity and intelligence related software companies, defense information publishers, and educational institutions.
Stagg Noonan LLP is a member of the National Defense Industrial Association (NDIA).