Hong Kong-based apparel company Chagji Esquel Textile (CJE) and the Commerce Department filed a joint stipulation of dismissal on Aug. 11 in CJE's suit challenging its placement on the Entity List. The parties most recently filed a joint status report in June as they discussed the conditions related to the End-User Review Committee's July 2021 decision to drop the company from the Entity List (Changji Esquel Textile Co. v. Gina M. Raimondo, D.D.C. # 21-01798).
DOJ this week unsealed indictments of six people for trying to illegally ship sensitive items from the U.S., including shipments of dual-use technologies and aircraft parts to Russia, isostatic graphite to Iran and trade secrets to China. The charges are the first enforcement actions brought by the Disruptive Technology Strike Force, a group launched by DOJ and the Commerce Department in February to investigate and prosecute criminal export violations (see 2302160019).
Jonathan Yet Wing Soong of Castro Valley, California, pleaded guilty Jan. 17 to violating export controls by conspiring to ship aeronautics software to a Beijing university, the U.S. Attorney's Office for the Northern District of California announced. Soong admitted to violating the International Emergency Economic Powers Act, making him subject to a maximum penalty of 20 years in prison and a $1 million fine.
The U.S. Court of Appeals for the 1st Circuit in a Jan. 9 opinion upheld a district court ruling sentencing Chinese national Shuren Qin to two years in prison for violating federal export controls. Qin was found guilty of shipping hydrophones with anti-submarine applications to a Chinese military university on the Commerce Department's Entity List (see 2109090033). Judges David Barron, Jeffrey Howard and William Kayatta ruled the search of Qin's laptop and cellphone "constituted a border search that was supported by reasonable suspicion that Qin was engaged in the ongoing violation of export laws," and the defendant was properly convicted (United States v. Shuren Qin, 1st Cir. # 21-1832).
China officially requested dispute consultations with the U.S. at the World Trade Organization Dec. 15 over American export controls on certain semiconductors, the WTO announced. China, which announced the move earlier in the week (see 2212120061), said the restrictions violate Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT), Article XXII of the General Agreement on Trade in Services, Article 8 of the Agreement on Trade-Related Investment Measures and Article 64.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights.
An indictment was unsealed Dec. 12 in a New York district court charging five Russian nationals and two U.S. nationals for their role in a global procurement and money laundering network for the Russian government, DOJ announced. Concurrent with the indictment, the Bureau of Industry and Security issued a 180-day temporary denial order against three of the defendants and two companies for illegally sending controlled exports to Russia as part of the Moscow-led scheme.
Beijing-based TianTai Law firm this week published an alert on China’s export control laws (see 2204270040 and 2105180023), outlining how the restrictions apply to certain technologies. The alert also covers China’s Unreliable Entity List regulations and includes examples of certain technologies to show how companies should go about applying for export licenses.
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The U.S. Court of Appeals for the District of Columbia Circuit in a July 19 opinion denied Hong Kong-based apparel company Changji Esquel Textile's (CJE) bid for a preliminary injunction against its placement on the Commerce Department's Entity List, calling it "a Hail Mary pass." Judges Judith Rogers, Patricia Millett and Gregory Katsas held that CJE's claims that human rights violations are not proper grounds to be placed on the Entity List are not likely to succeed, upholding the district court's ruling saying the same thing.
Jonathan Yet Wing Soong, former employee at Universities Space Research Association, was charged with violating export control laws by shipping sensitive aeronautics software to a university in Beijing, the U.S. Attorney's Office for the Northern District of California announced. Soong, of San Jose, is charged with violating the International Emergency Economic Powers Act and and one count of smuggling, which, respectively, carry maximum penalties of 20 years in prison and a $1 million fine, and 10 years in prison and a $250,000 fine.