THE JOURNAL OF EXPORT CONTROLS AND SANCTIONS

Issue 83, October 2019

D.C. Circuit clarifies ITAR criminal intent requirement 

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  By Christopher Stagg, Stagg PC www.staggpc.com   On 20 August, the US Court of Appeals for the D.C. Circuit clarified the criminal intent requirement under the International Traffic in Arms Regulations’ (‘ITAR’) wilfulness standard. In United States v. Burden,1  the appellate court expressed concern with a jury instruction that suggested any criminal intent, even if it were not relevant to the export control violation, would suffice for conviction. In other words, if a person intended to violate the import laws of another country, or some other law, then that intent could be transferred to find criminal intent under the...

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