Expertise for U.S. Export Control Laws, Regulations, and Policies
Defense Technology Security Administration (DTSA) is responsible for the Department of Defense (DoD) review, coordination, and comment on proposed and final rule changes relating to the Department of Commerce Export Administration Regulations (EAR) and Department of State International Traffic in Arms Regulations (ITAR). Additionally, DTSA works with the Office of Management and Budget (OMB) on matters relating to expedited clearance on certain export control-related rules. During the review process, DTSA consults regularly with regulation experts from the DoS and DoC on proposed rules and assists in addressing public comments on proposed rules. In addition to convening interagency and intra-agency meetings to address in detail technical, scientific and national security policy considerations during the review cycle, DTSA participates in numerous technical advisory committee meetings chaired by representatives from U.S. industry and the Department of Commerce.
In April 2010, the Department of Defense, under the leadership of former Secretary of Defense Robert Gates, proposed fundamental reform of the U.S. export control system. Secretary Gates spelled out the objectives of Export Control Reform when he announced plans to fundamentally reform the U.S. export control system based on "four singles": a single licensing/control agency, single export control list, single enforcement coordination agency and, a single information technology system. The objectives of the reform are to protect "crown jewel" technologies, expedite transfers to Allies and partners, fulfill international export control obligations, and, prevent exports to countries and entities of concern. National security drives the reforms if addressed properly, national security and export control efficiency are not mutually exclusive.
Defense Technology Security Administration has primary responsibility for DoD's input into the U.S. government's export control reform efforts. DTSA technical experts are working with technical experts throughout the Department and other U.S. government agencies to identify items and technologies that provide unique military and intelligence capabilities. These items are mostly controlled on the U.S. Munitions Lists. However, some are also controlled on the Commerce Control List, such as hot section engine technology.DoD has been working with other USG agencies to rewrite the USML and the CCL and to establish new licensing mechanism that facilitate transfers to Allies and partners.
DTSA will continue to work with all USG stakeholders, industry, and international partners to regularly update control lists to ensure that new military critical technology is appropriately controlled. Similarly, DTSA will work with all stakeholders to adjusts controls when items or technologies become widely available or no longer provide a military edge.
DTSA's export licensing IT system, USXPORTS, has become the backbone of the USG-wide IT for export licensing and associated functions.
DTSA reviews commodity classification requests submitted by U.S. industry to the Department of Commerce. DTSA technical experts evaluate whether or not a "part," "component," "accessory," "attachment," or "software" is "specially designed" and recommend its proper control on the Commerce Control List.
DTSA oversees DoD's review of commodity jurisdiction (CJ) recommendations received from the Department of State (DoS). DoS designates defense articles and defense services on the United States Munitions List (USML), with the concurrence of DoD. DTSA seeks inputs from across DoD and formulates the final DoD recommendation. Working with the Department of Commerce (DoC), Department of Homeland Security (DHS), and other government agency as appropriate, DTSA defends the DoD position in inter-agency proceedings to ensure the article or item is placed on the proper export control list to protect national security interests.