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Commerce Issues Penalties for EAR Violations

The Commerce Department’s Bureau of Industry and Security (BIS) announced (here) its intention to initiate administrative proceedings against Afshin Naghibi for 17 violations of the Export Administration Regulations (EAR) committed between 2008 and 2010. Naghibi will be assessed a civil penalty of $800,000 to be paid incrementally. Among other penalties, he is also prohibited from engaging in any export or reexport activities for an unspecified period.

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BIS is also denying (here) export privileges to Chan Heep Loong for a ten-year period, ending in July 29, 2023. Loong violated the EARby causing the export from the United States to Iran, via transshipment through Singapore, of GPS engines, items subject to the EAR and the Iranian Transaction Regulations 2 of the Department of the Treasury’s Office of Foreign Assets Control, without the required U.S. authorization.

BIS also denied (here) export privileges to Timothy Gormley for violating the EAR International Emergency Economic Powers Act. His denial period will last up to ten years from his Jan. 17 conviction. Gormley was convicted of engaging in transactions relating to exporting amplifiers to China and India without obtaining the required licenses. Gormley was sentenced to 42 months of imprisonment, five years of supervised release, a $500 assessment and a $1,000 criminal fine.

(Federal Register 10/08/13)