Brian Fleming,* Timothy O'Toole, and Christopher Stagg* will present, "Recent and Anticipated Trends in ITAR and Export Controls Enforcement," on Wednesday, February 2, 1 p.m. EST.

Export enforcement involving the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR) is expected to increase in 2022. Notably, the U.S. Department of State's Directorate of Defense Trade Controls (DDTC) is likely to expand its use of directed disclosures and continue utilizing consent agreements as a powerful tool to enforce the ITAR. The U.S. Department of Commerce's Bureau of Industry and Security (BIS) has started enforcing new and increasingly complex EAR requirements and has new enforcement leadership, a change that traditionally alters (and often increases) its enforcement approach.

The U.S. Department of Justice (DOJ) has also touted the robust pipeline of ongoing export controls investigations and signaled aggressive enforcement is likely to follow, thereby adding another dimension that must be considered.

This webinar will provide latest and key trends involving DDTC, BIS, and DOJ enforcement actions with a discussion on likely future enforcement areas, common pitfalls that can lead to greater enforcement scrutiny and the issuance of a penalty, and notable observations regarding aggravating, mitigating, and remedial factors. We will discuss compliance, defense, investigative, and government relations strategies, as well as the increasing role played by DOJ in export enforcement.

*Former Miller & Chevalier attorney