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Expert Analysis

ITAR Violations: Mistake Or Willful Act?

Law360, New York ( May 6, 2014, 5:14 PM EDT) -- The laws regarding what can be exported from the U.S. and where those exports can go are complex. Not surprisingly, these laws are violated on occasion. When violations occur, the critical question for enforcement agencies is whether the violations were willful. The answer to that question generally determines whether the violation is treated as a criminal act or a mistake meriting administrative settlement. Two recent enforcement actions stemming from violations of the International Traffic in Arms Regulations illuminate what it means to be a willful violator and how that status affects the outcome of the enforcement action....

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