Monthly Archives: January 2014

Investigative Training for Benin, Togo, Nigeria & Ghana

CTP facilitated a one-week Fundamental Investigative Criminal Analysis training program for law enforcement officials from Benin, Togo, Nigeria and Ghana at the State Department’s West Africa Regional Training Center in Accra, Ghana during the week of December 16-20, 2013.

The Fundamental Investigative Criminal Analysis course introduces the concept of investigative criminal analysis and establishes the foundational knowledge and skills needed to capture information and conduct a basic analysis of criminal activity.  This course involves numerous practical exercises so that participants learn to utilize the concepts in real-life situations. The course is part of national and regional efforts by cooperating nations to reduce transnational crime and provide a more secure and stable environment for civilians and businesses.

This training activity closed out a successful inaugural year for CTP supporting the Department’s West Africa Cooperative Security Initiative (WACSI) efforts that saw INL and inter-agency partners engage over seven-hundred regional ECOWAS experts during nineteen multilateral cooperative programs.

Look for another blog soon on the details of our 2014 activities at the West African Regional Training Center in Accra Ghana.  If you have questions, please contact Bill Kuhn at


CTP Supports CLDP Events in Ukraine and Pakistan

Economic Modeling and Trade Policy Development for Ukraine

– January 20-21, 2014 – Kyiv, Ukraine — CTP is currently organizing a two-day workshop on Economic Modeling and WTO Trade Policy Development for about 35 Ukrainian government officials as part of a multi-phase technical assistance program conducted by CTP’s longtime client Commercial Law Development Program (CLDP).  CLDP is partnering with the Ministry of Economic Development and Trade (MEDT) and the Government of Ukraine to improve the quality of trade and economic policy formulation in Ukraine’s efforts to fulfill World Trade Organization (WTO) rights and obligations. CLDP will undertake training and utilize the economic modeling resources of the Global Trade Analysis Project (GTAP) to enable the relevant Ukrainian ministries and agencies to conduct global trade analysis and apply quantitative analysis in policy making. This second-phase workshop will assist Ukraine in establishing a knowledgeable core of officials who will utilize quantitative economic analysis in free trade negotiations and to conduct macroeconomic policy forecasts.  Completion of this multi-phase program will enable Ukraine to conduct a more economically justified approach to the formulation of its future trade policy and positions in negotiations with both WTO members and other parties.

Commercial Law Assistance to Afghanistan

– December 11- 13, 2013 – Islamabad, Pakistan — CTP supported U.S. experts in Islamabad last month as they provided technical assistance to the Government of the Islamic Republic of Afghanistan (GIRoA) to enhance the Afghan private sector by promoting economic growth through the advancement of commercial law.  The objective of this program was to help improve the commercial legal capacity and written and oral advocacy skills of Afghan legal students. CTP provided a full range of planning and logistics services, enabling the CLDP attorneys and legal experts from George Mason University Law School to conduct this training program for the Kabul University (KU) Willem C Vis International Arbitration Competition Moot (Vis Moot) team. CLDP is sponsoring an all-female team from KU to participate in the Vis Moot, one of the most prestigious international law moot court competitions, to be held in Hong Kong in March 2014. The goal of the Vis Moot is to foster the study of international commercial law and arbitration for the resolution of international business disputes through methods of alternative dispute resolution. Students from all over the world prepare two memorandums, one for the Claimant and one for the Respondent, and then travel in March to compete in oral argument rounds. The process of team selection and preparation is rigorous and requires months of training and practice. The CLDP training will focus on preparing the KU team in writing Claimant’s briefs, Respondent’s briefs, crafting the fundamentals of oral argumentation, and general skill building in furtherance of Vis goals. Preparation for, and participation in, the Vis Moot Arbitration Competition will provide Afghan law students with unparalleled access and experience in commercial law. The KU Vis Moot team will be well-equipped to handle commercial business disputes, thus bolstering Afghanistan’s legal capacity.


Round 2 of Export Control Reform Now in Effect

The next round of ECR amendments went into effect today, albeit with numerous clarifications and cleanups included.  It was announced and succinctly explained today by  Jim Bartlett in his terrific newsletter which we have excerpted below.  We have also included an excellent summary on the same topic which was published in Bartlett’s newsletter on Dec. 27  by Bruce Leeds of Braumiller Schulz. Note: If you wish to subscribe to Bartlett’s newsletter, you will find the necessary information in the Exporter Resources section within our Private Sector section on this website.

 “6 January ECR-II Amendments to the ITAR and EAR Finally Arrive”

* Author: James E. Bartlett III, Esq., Full Circle Compliance BV, 202-802-0646,

The long-awaited (6 months) ITAR and EAR amendments went into effect today following four amendments to the International Traffic in Arms Regulations (ITAR), 22 CFR 120-130, and the Export Administration Regulations (EAR), 15 CFR 730-774, were made by publication in 2 January Federal Regulations.

(1) The “ECR-II” EAR amendment that was published on July 8, 2013 (78 FR 40892), was further amended today by “clean-up” clarifications and corrections that changed a few words and made numerous punctuation changes.  If you have been referring to the July 8 publication to plan for the January 6 EAR amendments, you must make the corrections listed today to have a correct version effective today.

(2) The “ECR-II” ITAR amendment that was published on July 8, 2013 (78 FR 40891), which takes effect today, was further amended today by “clean-up” clarifications and corrections that changed a few words and made numerous punctuation changes.  If you have been referring to the July 8 publication to plan for the January 6 amendments, you must make the corrections listed on 2 January.

(3) A new “ECR-III” amendment, effective in 6 months — on July 1, 2014 — adds EAR controls on energetic materials, personal protective equipment, shelters, military training equipment, articles related to launch vehicles, missiles, rockets, military explosives, and items within the scope of the Munitions List of the Wassenaar Arrangement (WAML) that are not specifically identified on the USML, but were subject to ITAR jurisdiction. It also moves certain items from one ECCN to another.

(4) A new “ECR-III” amendment, effective July 1, 2014, revises five more USML categories and provide other changes:

(i) Revises USML Categories:

– Cat IV (Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines)

– Cat V (Explosives and Energetic Materials, Propellants, Incendiary Agents, and Their Constituents)

– Cat IX (Military Training Equipment)

– Cat X (Personal Protective Equipment)

– Cat XVI (Nuclear Weapons Related Articles)

(ii) Adds a definition for the term “equipment”

(iii) Implements a new licensing procedure for exporting items subject to the EAR that are to be exported with defense articles.

(iv) Makes related changes to other ITAR sections.

The Annotated ITAR (“BITAR”) contains all the corrected updated regulations, and … yes, the day has arrived when it is no longer free … will be available for sale by subscription for a year’s worth of updated editions in a few days.


Note from CTP – As mentioned above, there was an excellent earlier article on this topic  written on Dec. 27  by Bruce Leeds of Braumiller Schulz which we reprint here today.

“Export Control Reform – Get Ready for Round 2”

* Author: Bruce Leeds, Esq., Braumiller Law Group, PLLC, 310-662-1723, – (Source:

The first major implementation event of export control reform took place on Oct. 15, 2013, when the revised Cat. VIII and new Cat. XIX of the US Munitions List (USML) and the corresponding provisions in the 600 series of the Commerce Control List (CCL) went into effect.

The next implementation is on Jan. 6, 2014, when four revised categories of the USML and new provisions in the CCL become effective. The Final Rule for these changes was published on July 8, 2013, with a 180 day transition period. The affected USML categories and defense articles are:

  •    Cat. VI – Surface Vessels of War and Special Naval Equipment
  •    Cat. VII – Military Ground Vehicles
  •    Cat. XIII – Materials and Miscellaneous Articles
  •    Cat. XX – Submersible Vessels and Related Articles

The revisions utilized the same philosophy and guidelines as before. The controlled articles are specifically described, as opposed to the more general “catch-all” language used previously. This is what the Departments of State and Commerce describe as a “positive list.”   The new provisions create a “bright line” between what is controlled under the International Traffic in Arms Regulations (ITAR) and what isn’t. One of the main goals is to remove many parts, components, accessories, and attachments from the USML and ITAR control. Under the new provisions, many specialized parts and components used in military vehicles and naval vessels will no longer be subject to ITAR controls. Instead they will be classified in the CCL and require a Department of Commerce license or license exception for export.

Many companies may look at the above categories and conclude that they are not affected by the Jan. 6 changes. However, the primary impact will be felt by companies that provide parts and subassemblies that go into military vessels, vehicles, submersibles in Cats. VI, VII and XIX, or the materials and articles in Cat. XIII. They will need to determine how the articles they manufacture are used, or the products into which they are integrated. They may find that the articles they produce are used in a naval vessel subsystem described in Cat. VI, or a camera or cryptographic equipment described in Cat. XIII. Those companies will need to classify their products under the revised regulations to determine how the products, or associated technical data, are now controlled. Classifying them the old way will not be acceptable, and could lead to license applications being returned without action.

Classification will be a more complex process. As an example, before Jan. 6, 2014, a part or subsystem specially designed for a naval vessel would go in Cat. VI. Now the exporter must carefully read the descriptions of controlled articles in Cat. VI to determine whether an article to be exported is controlled on the USML. Among other things, those descriptions in revised Cat. VI control:

“(2) Systems that manage, store, create, distribute, conserve, and transfer energy, and specially designed parts and components therefor, that have:

(i) Storage exceeding 30MJ;

(ii) A discharge rate less than 3 seconds; and

(iii) A cycle time under 45 seconds”

If you have a good technical background this may be simple; if not, get some assistance. A decision tree approach will work well with the revised USML and CCL. The decision tree for parts, components, accessories and attachments would look something like this:

1) Is the article (or technical data) used in a naval vessel, submersible, or military vehicle in Cats. VI, VII, or XX or a material or article described in USML Cat. XIII?

2) If yes, is it a part, component, accessory or attachment?

3) If yes, is it described in the revised USML Cats. VI, VIII, XIII or XX?

4) If yes, does it meet the specially designed definition?

5) If no, is it described anywhere else on the USML?

6) If no, is it described in any of the 600 series provisions of the CCL?

7) If no, is it described in any other provision of the CCL?

8) If no, it is classified under EAR99.

The end result of export control reform will be reduced controls; however determining whether a particular component or technical data qualifies for those reduced controls will be a challenge. Time to ask for that raise!


Thanks to Jim and Bruce for these excellent summaries.