A Blog on Export Controls, Government Contracting, and Anti-Corruption

A manufacturer of defense articles was charged with violations of Arms Export Control Act (AECA) and the International Trade in Arms Regulations (ITAR) for having exported defense articles and furnished defense services without seeking authorization from DDTC, and failure to appoint a qualified Empowered Official.

We will focus on failing to appoint a qualified official, the emphasis being in bold letters to signify the importance of the qualifications of the empowered official. A defense articles’ manufacturer knows that it must appoint an Empowered Official empowered in writing to sign license applications and other approvals. It is of no surprise that the empowered official has to have “authority for policy and management within an organization.” (§ 120.