BIS Settles Micei EAR Violation; Parties Agree to Withdraw Related Court Challenge
Micei International of Macedonia will maintain its export privileges, but must implement an export compliance program and conduct audits of its compliance with the Export Administration Regulations, according a settlement agreement with the Bureau of Industry and Security. Micei’s export privileges had been denied in 2009 because of its dealings with a person listed on the Denied Persons List. The denial order took effect in May 2009, but was stayed in July 2009 because of a district court challenge of the order brought by Micei. As part of the agreement, both BIS and Micei will jointly submit a motion to the court to dismiss the case with prejudice.
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According to the 2009 BIS charging letter, Micei authorized Yuri Montgomery to negotiate with suppliers in the U.S. during about three months in 2003. Montgomery had been listed on the Denied Persons List since 2000, and was specifically prohibited from acting as an agent in export transactions. Furthermore, said BIS, Micei indicated it knew Montgomery was on the Denied Persons List when questioned by BIS special agents.
As part of the agreement, Micei must implement an export management and compliance program that complies with BIS recommendations. Micei also has to conduct two audits of its compliance with the EAR -- one for calendar 2012, and another for calendar 2013. Both BIS and Micei will request that the D.C. district court dismiss, with prejudice, Micei’s pending challenge of the 2009 order. If Micei fails to comply with the terms of the settlement agreement, BIS said it will deny Micei’s export privileges for one year.