All posts by Rick Phipps

Coming Soon . . . Definitive Definitions

In coordinated announcements last week, BIS and DDTC proposed many new or altered definitions that attempt to harmonize comparable terms in the EAR and ITAR. The DDTC proposal includes, among many others, a new definition of “defense services.” For the legion of long suffering compliance practitioners who have struggled to reconcile the varying terminology, this is a long awaited aspect of ECR. The proposed rules can be found at:

• BIS: 80 Fed. Reg. 31505
• DDTC: 80 Fed. Reg. 31525

To assist exporters, DDTC has compiled a 25-page chart that compares the proposed definitions. This helpful document is posted on the DDTC website:

In addition, BIS is holding a free teleconference to explain and discuss the proposed revisions. On June 10 at 2:30 p.m. Eastern Time, Assistant Secretary for Export Administration Kevin Wolf will hold a 90-minute ECR teleconference to provide an overview of the Commerce proposed rule, Revisions to Definitions in the Export Administration Regulations. He will be joined by a State Department official from the Directorate of Defense Trade Controls. To hear the teleconference, call 1-888-455-8218 and use passcode 6514196. If you are calling in from overseas, the number is 1-212-547-0330.

This chart, and the accompanying teleconference, will be invaluable for compliance practitioners as we all navigate this next phase of ECR.

Update from the RTC

CTP’s West Africa Regional Training Center (RTC) in Accra, Ghana is in full swing this month. Students and instructors have already completed courses on “Fundamental Investigative Criminal Analysis” (FICA) and “Financial Investigations.” The FICA course included participants from Ghana, Nigeria and Cote D’Ivoire. Our instructors kept the class active and engaged with country-led projects and discussions. The groups’ final presentations demonstrated an exceptional depth of knowledge and understanding of the course material. The Financial Investigations course included participants from Ghana, Nigeria, Cote D’Ivoire and Senegal. Prosecutors from each of the represented countries shared valuable experiences on how to handle financial cases and investigations. See photos from these courses here.

Featured this month on the RTC website is an article written by a judicial instructor from a specialized course designed exclusively for judges – “The Role of the Judge in a Democratic Society” (a Francophone version of which is expected to be developed later this year). The article, “Lessons on Law from West Africa,” was authored by Mr. Rudy Apodaca, retired Chief Judge of the New Mexico Court of Appeals. The feature appeared as an op-ed piece in the Austin American-Statesman, a Texas-based daily newspaper. Click here to read the full article.

Two courses are upcoming at the RTC in June: “Terrorist Financing,” an interagency course delivered by INL and the FBI; and “U.S.-France Maritime Legal Seminar” delivered by INL. Look for more information on these courses on the RTC and CTP websites in the coming days.

DDTC Licensing Office Poised for Reorganization

According to an Industry Notice posted on the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) website, effective Monday, April 20, 2015, the Office of Defense Trade Controls Licensing (DTCL) will undergo a reorganization. Export Control Reform (ECR) has caused a 36% drop in licensing volume and has created a disparity in the volume of cases among the current divisions. Since 2013, DTCL has also experienced some downsizing through attrition. The new organizational structure will be leaner and will appropriately balance personnel and commodity volume to reflect the post-ECR environment while enabling DTCL to work toward meeting the directorate’s strategic goals.

DTCL will be reorganized into four operational divisions:
• Space, Missile, and Sensor Systems;
• Electronic and Training Systems;
• Sea, Land, and Air Systems; and
• Light Weapons and Personal Protective Equipment Systems.

In addition, a division for Plans, Personnel, Programs, and Procedures will consolidate many of the functions that were previously included in Division 7 as well as those functions that were distributed across other parts of DTCL. The new organizational chart is depicted here. Other portions of the DDTC website will be updated the weekend prior to implementation.

D-Trade will be configured to automatically route cases to the proper division based on the USML commodities on the application; no action is required by industry to adjust applications as a result of this reorganization.

Sea-Air-Space 2015

Founded in 1965, the Navy League’s Sea-Air-Space Exposition brings the U.S. defense industrial base, private-sector U.S. companies and key military decision makers together for an annual innovative, educational, and professional event.

The 50th Anniversary of Sea-Air-Space is taking place April 13–15, 2015, at the Gaylord Convention Center in Maryland’s National Harbor.

Sea-Air-Space is the largest maritime exposition in the U.S. If a product is intended to enhance and advance the quality of America’s Navy, Marine Corps, Coast Guard or U.S.-flag Merchant Marine, it will likely be on display at the Navy League’s Sea-Air-Space Exposition.

There are noteworthy benefits to attending Sea-Air-Space:

• Over 200 interactive exhibits showcasing the latest in maritime, defense and energy technology.
• Educational seminars and sessions at both the strategic and tactical levels and geared towards all of the Sea Services.
• Luncheon and banquet keynote speakers are provided an open forum to fully disclose up-to-the-minute information and paint a realistic picture of the future.
• Numerous networking opportunities with other leading professionals within the industry as well as key military personnel.

The Sea-Air-Space Exposition is free and open to the following qualified attendees:

• Active duty, reserve and retired U.S. Military
• U.S. federal, state and local government employees
• Members of Congress and Congressional Staff
• Representatives of foreign embassies, government and military
• Representatives of non-exhibiting defense industry companies
• Representatives of exhibiting companies
• Navy League members
• Invited guests of the Navy League

For more information and to register, visit

CTP Organizes Investigative Criminal Analysis Course in Ghana

Investigative criminal analysis is a valuable tool for identifying criminal associations and activities, generating investigative leads, and identifying patterns and trends in criminal activity. The Criminal Justice Group at CTP, led by Director Bill Kuhn, is working alongside the State Department’s Bureau of International Narcotics and Law Enforcement Affairs (INL) to deliver an upcoming course on Fundamental Investigative Criminal Analysis (FICA).

Effective investigative criminal analysis requires the systematic application of proven analytic methods and techniques. FICA will establish the foundational knowledge and skills needed to capture information and perform a basic analysis of criminal investigative information. The data acquired from these analyses is invaluable to law enforcement for strategic and tactical planning.

FICA provides participants opportunities to apply tools and analytical processes to reality-based scenarios using hands-on and small group exercises. At the conclusion of the course, participants will be able to:

• Create association matrices, link analysis and time-event analysis charts, manually and utilizing flowchart software
• Develop and present a concise and accurate criminal analysis briefing
• Overcome analytical bias mindset and perceptions inherent in investigative criminal analysis
• Create a plan to incorporate and sustain FICA skills within the participant’s organization
• Describe the purpose and value of investigative criminal analysis
• Apply the information analysis process
• Use currently available internet-based investigative techniques for criminal analysis

This is sure to be another valuable course for the participants at CTP’s West Africa Regional Training Center in Accra, Ghana.


We invite you to tune in tomorrow, February 19th, at 1:00 pm (Eastern) to a webinar that CTP is co-sponsoring with Seclore, a data security provider. The 30-minute webinar will focus on identifying and addressing the risks of Technology Transfer. CTP’s Director of Commercial Business, Rick Phipps, will join a panel of experts to discuss the issues from varying perspectives. There will be time for questions at the end or you can follow up with any of the experts directly.

See the link below for registration details. Hope you can join us!