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.