The head of the Bureau of Industry and Security on Aug. 19 affirmed a more than $30 million penalty against a shipping company for export violations after ordering a judge to review the fine for being too high. Commerce Acting Undersecretary for Industry and Security Cordell Hull said in March the fine was perhaps disproportionate to the violations committed by Singapore-based Nordic Maritime Pte. Ltd and chairman Morten Innhaug (see 2003170040), but the judge “affirmed” the penalty. Although Hull said the administrative law judge’s “narrow analysis” for the reasoning behind the recommended penalty was “erroneous,” he said BIS will accept the fine. “BIS believes the penalty should be affirmed in its entirety,” Hull wrote.
The semiconductor industry was surprised by the U.S.’s increased restrictions on Huawei (see 2008170029) and expects significant short-term supply chain disruptions, industry officials and experts said in interviews. Officials also thought the initial version of the rule, issued in May (see 2005150058), was sufficient, and were frustrated that the Bureau of Industry and Security did not ask for feedback on the new requirements.
Flir Systems, a U.S.-based producer of thermal imaging cameras, is being investigated for possible export control violations, the company said in an Aug. 6 filing with the Securities and Exchange Commission. Flir said it voluntarily disclosed the potential violations to the State, Commerce and Justice departments in 2017.
The Department of Justice’s recent changes to its voluntary disclosure policies (see 1912130047) could lead to complications for companies and were met with backlash from other enforcement agencies, said Robert Clifton Burns, an export control lawyer with Crowell & Moring. The guidance, which outlined benefits for companies that disclose export control and sanctions penalties, can be interpreted as saying industry should first submit their voluntary disclosures to the Justice Department instead of to other agencies, Burns said.
The Bureau of Industry and Security on Aug. 17 added 38 Huawei affiliates to the Entity List and refined a May amendment to its foreign direct product rule, further restricting Huawei’s access to U.S. technology, the agency said in an Aug. 17 final rule. BIS also modified four existing Huawei entries on the Entity List, amended language in the Export Administration Regulations and said it will continue one cybersecurity-related authorization under its temporary general license for Huawei. The remainder of the license expired Aug. 13.
The Bureau of Industry and Security is seeking comments on an information collection related to submitting declarations to the International Atomic Energy Agency for nuclear materials, according to a notice released Aug. 14. The IAEA requires information on “nuclear-related items” that may be used for “peaceful nuclear purposes” but also can be part of a nuclear weapons program, the notice said. The declarations provide the IAEA with information about “additional aspects of the U.S. commercial nuclear fuel cycle,” including nuclear equipment manufacturing and trade in nuclear-related goods. Comments are due Oct. 16.
European countries need to increase sanctions against Venezuela to force a regime change and limit Nicolas Maduro’s ability to evade U.S. restrictions, said Carrie Filipetti, the State Department’s assistant secretary for the Bureau of Western Hemisphere Affairs. Filipetti also said more U.S.-European cooperation can help limit the Maduro regime’s access to gold supply chains, which it uses for funding.
The Bureau of Industry and Security added 38 Huawei affiliates to the Entity List and refined a May amendment to its foreign direct product rule, further restricting Huawei’s access to U.S. technology. BIS said the direct product rule will now also apply to transactions where U.S. software or technology is “the basis” for a foreign-made item produced or purchased by Huawei, or when a Huawei entity is “a party to such a transaction.” Secretary of State Michael Pompeo said Huawei "has continuously tried to evade" the previous changes to the foreign direct product rule.
A California man pleaded guilty Aug. 10 to illegally exporting cesium atomic clocks to Hong Kong, the Department of Justice said. Alex Yun Cheong Yue, who was arrested in June 2019 (see 1906270067), shipped the clocks without the required license from the Bureau of Industry and Security. He faces a maximum 20-year prison sentence and a $1 million fine. Wai Kay Victor Zee and his company, Premium Tech Systems, Ltd., were also charged in the case. Zee remains at large in Hong Kong.
The Office of Foreign Assets Control issued guidance on its Sudan program and Darfur sanctions and removed and revised Sudan-related FAQs. The guidance, issued Aug. 11, clarifies that U.S. people and companies are no longer subject to OFAC’s Sudanese Sanctions Regulations but may be designated under the agency’s Darfur sanctions or captured by Commerce Department export controls.