The Bureau of Industry and Security added eight entities to the Entity List for their involvement in nuclear proliferation activities. The entities, located in Pakistan and the United Arab Emirates, will face a license requirement for all items subject to the Export Administration Regulations, and BIS will impose a license review policy of presumption of denial.
The Bureau of Industry and Security revoked export privileges for an Iranian businessman for illegally exporting carbon fiber from the U.S. to Iran, BIS said in a May 24 order. Behzad Pourghannad was convicted Nov. 12, 2019, for violating the International Emergency Economic Powers Act after he worked with others to export the carbon fiber to Iran from third countries using falsified documents and front companies (see 1911150023). Pourghannad was sentenced to 20 months in prison and a $100 fine. BIS also revoked his export privileges for 10 years from the date of his conviction, and revoked any BIS-issued licenses in which he had an interest at the time of his conviction.
Sen. Ben Sasse, R-Neb., introduced an amendment May 25 to the Endless Frontier Act that would withhold the additional funding in the bill until the Commerce Department “completes the identification of emerging and foundational technologies as required under section 1758(a) of the Export Control Reform Act.” The Bureau of Industry and Security has identified dozens of emerging technologies but has not identified any foundational technologies (see 2104070026).
U.S. companies that sell defense products or services to foreign countries or entities must report all offsets agreements greater than $5 million to the Bureau of Industry and Security by June 15, the agency said in a May 25 notice. Companies also must report information on offsets transactions completed “in performance of existing offsets commitments for which offsets credit” of $250,000 or more “has been claimed from the foreign representative,” the notice said. Commerce is asking for reports of offsets agreements that took place during the 2020 calendar year.
The Semiconductor Industry Association hired Meghan Biery, previously the senior national security policy adviser at the Bureau of Industry and Security, as director of global technology and security policy, the SIA said in a May 24 news release. “A seasoned policy practitioner with high-level experience in technology security, export control, and related issues, Meghan Biery will be a strong and capable advocate for our industry’s interests in Washington and around the world," SIA CEO John Neuffer said.
The State Department is preparing to amend the U.S. Munitions List to update export controls surrounding weapons, spacecraft and military electronics, according to a senior State Department official. The agency also plans to issue another extension to allow employees involved in International Traffic in Arms Regulations-related activity to work remotely and is inching closer to publishing its first ITAR reorganization rule, said Mike Miller, the State Department’s deputy assistant secretary for defense trade in the Bureau of Political-Military Affairs.
China’s latest export control compliance guidelines closely mirror U.S. guidance and provide significant new insight into how the country will interpret its export control law (ECL) (see 2011030033 and 2010190033), law firms said. Companies operating in China may find that their U.S. compliance programs translate well to China’s rules, the firms said, which now include guidance for risk assessments, reporting procedures and audits.
The Bureau of Industry and Security issued more than $100,000 in combined penalties against two companies for illegally exporting thousands of dollars worth of goods to Iran, Russia and Ukraine. BIS imposed a $60,000 fine and temporarily denied the export privileges for Kleiss & Co., a Netherlands-based company that BIS said illegally shipped “extruded butyl sealants” from the U.S. to Iran. The agency also fined Texas-based TeleDynamics $55,000 for illegally exporting rifle scopes from the U.S. to Russia and Ukraine.
The U.S. issued guidance last week to address industry uncertainty and a rising number of questions about export licensing jurisdiction for goods sent under its Foreign Military Sales Program. The guidance -- which includes frequently asked questions developed by Homeland Security, CBP and the Commerce, State and Defense departments -- was issued because the agencies “continue to receive questions” about exports that were moved from the U.S. Munitions List to the Commerce Control List but are exported under FMS authority. They said exporters are “having difficulty” understanding how Commerce’s Export Administration Regulations, the State Department’s International Traffic in Arms Regulations and the FMS Program “relate to each other” for goods that have recently transitioned from the ITAR to the EAR.
A U.S. district court judge dismissed a case involving the seizure of a multimillion-dollar jet after Texas officials failed to prove the jet violated export regulations or was involved in a money-laundering scheme. Texas police seized the British Aerospace BAE 125 Series jet last year on tax evasion and money-laundering charges and suggested the owners violated the Export Administration Regulations, but a judge said police had no evidence or probable cause.