AIA Says DOD Export Control Guidance Could Cause Conflicts

The Aerospace Industries Association (AIA) is concerned that the Department of Defense (DOD) might implement guidance on controlling exports of sensitive defense-related technology items that might conflict with existing State Department or Commerce Department regulations.

DOD “”should not implement guidance on export controls in contracts that conflict with rules that are already stated in State or Commerce … regulations,” according to an AIA spokesman. “State and Commerce are the lead federal agencies for export controls of defense and dual-use items respectively.”

According to AIA, DOD, by putting rules in contracts, might at some future point take a position in conflict with State or Commerce.

“In addition to being immediately redundant or contradictory, putting the rules in contracts would create additional problems in that updates in State or Commerce rules would likely not be immediately picked up in [DOD] contract language,” the AIA cautions. “This sets up a future situation in which a [DOD] contract would directly contradict a State or Commerce rule.”

Contracts “should include language citing the existing rules rather than restating the rules themselves and possibly creating a discrepancy,” according to AIA.