The Unverified List, the Commerce Department’s listing of foreign companies subject to restrictions on all items included in the Export Administration Regulations, has received increased attention as a result of the recent addition of 33 Chinese industrial and technology companies to the list. Read how George Thompson, International Trade Attorney, explains what the Unverified List…
Bureau of Industry and Security recently published expanded export control sanctions on Russia and others. Industry sector controls on Russia have been extended to Belarus, and the military end-use/end-user controls have been expanded to include surreptitious suppliers to parties covered by the MEU license requirement. The BIS rule now expands the military end-user controls to…
CONCORD – Intertech Trading Corporation, an Atkinson, New Hampshire-based laboratory equipment distributor, pleaded guilty in federal court to 14 felony counts of failure to file export information on shipments to Russia and Ukraine, United States Attorney Jane E. Young announced today. According to court documents and statements made in court, between 2015 and 2019, Intertech exported…
Owner of Maryland Export Business Sentenced to Federal Prison for Attempting to Smuggle Items Out of the U.S. Without the Required Export License Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Jorge Orencel, age 65, of Silver Spring, Maryland, to six months in federal prison, followed by one year of supervised…
Key Points On March 7, 2022, new U.S. export controls applicable to “cybersecurity items” took effect based on an interim final rule published by BIS on October 21, 2021 (the “Cyber Rule”). The controls under the Cyber Rule are complex because they restrict exports intended for malicious cyber activities and to certain countries and governments, but…
The U.S. Commerce Department, through its Bureau of Industry and Security (BIS), publicly identified commercial and private aircraft that have flown into Russia in apparent violation of the Export Administration Regulations (EAR). In so doing, BIS is notifying the public that providing any form of service to these aircraft requires authorization. Absent such authorization, any…
In a keynote address at the Global Investigations Review Connect: New York conference on October 5, Principal Associate Deputy Attorney General John Carlin provided insights into future Department of Justice (“ DOJ ” or the “Department”) corporate enforcement. Of particular note, and which has been largely unnoticed, Carlin highlighted the Department’s heightened focus on sanctions and export…
In a keynote address at the Global Investigations Review Connect: New York conference on October 5, Principal Associate Deputy Attorney General John Carlin provided insights into future Department of Justice (“ DOJ ” or the “Department”) corporate enforcement. Of particular note, and which has been largely unnoticed, Carlin highlighted the Department’s heightened focus on sanctions and export…
Part 129 of the International Traffic in Arms Regulations (“ITAR”) requires certain persons engaged in “brokering activities” to register with and pay a fee to, the U.S. Department of State Directorate of Defense Trade Controls (“DDTC”). ITAR Part 129.2 broadly defines “broker” as any person engaging in “brokering activities” (discussed in greater detail below) fitting…
It’s my long-held position that technology controls present the most challenging export compliance challenge. Last month’s consent agreement between the Directorate of Defense Trade Controls and Honeywell International illustrates my point quite well. As we’ll discuss, Honeywell fell into three of the most common traps for unauthorized exports of controlled information. Companies subject to the International Traffic…
OFAC and BIS regulations SAP, a German multinational software corporation with a significant U.S. presence, recently settled allegations that it violated OFAC and BIS regulations concerning exports of software, upgrades, and patches from the United States to Iran and Iranian companies. The settlement amounts totaled in excess of $6.4 million. In the following transcript George…
Amendments to the Export Administration Regulations may seem so dry and pedantic to non-specialists. The bureaucratic jargon, references to dry-as-dust sub-subsections, and wooden prose can mask legal changes with important consequences. I’ll leave it to you, Gentle Readers, to consider whether the Bureau of Industry and Security’s three new and proposed rules restricting trade with…
