The U.S. and more than 20 of its allies this week released an export controls code of conduct, establishing a new forum for “subscribing states” to share information and stop technologies from being used for human rights violations. The Bureau of Industry and Security also issued new guidance describing how it factors human rights issues into its export application decisions and outlining the due diligence responsibilities of exporters.
The Bureau of Industry and Security this week announced a 20-year export denial order against a Montana resident and his two companies for violating U.S. export controls against Iran. BIS in June charged Kenneth Scott and his companies, Scott Communications and Mission Communications, with shipping export-controlled radios knowing they would be delivered to Iran, failing to maintain export records, making false statements to FBI and BIS agents and more (see 2206100053).
The Bureau of Industry and Security this week suspended the export privileges of three people for illegally shipping items to China and Mexico.
The Bureau of Industry and Security’s export application submission system will be unavailable beginning March 31 at 9 p.m. EDT and lasting through April 3 at 6 a.m. EDT for “planned maintenance,” the agency said in an alert on its homepage this week. The BIS Simplified Network Application Process – Redesign system (SNAP-R) “will not be accessible” during this time.
The EU and the U.K. are stepping up Russia sanctions enforcement, mirroring U.S. efforts to increase prosecutions and designations of companies helping Moscow evade trade restrictions, two Europe-based lawyers said this week. They said European countries are increasingly taking steps to expand the extraterritorial reach of their sanctions authorities, warning companies to make sure they’re conducting careful due diligence.
The Bureau of Industry and Security this week suspended the export privileges of Texas resident Obed Rafael Cuevas-Serratos for illegally exporting ammunition from the U.S. to Mexico. Cuevas-Serratos was convicted Aug. 3, 2021, for smuggling about 13,000 rounds of 7.62 mm ammunition and was sentenced to 30 months of “confinement,” three years of supervised release and a $100 assessment. BIS suspended Cuevas-Serratos’ export privileges for nine years from the conviction date.
The Bureau of Industry and Security this week added 11 entities in China, Myanmar, Nicaragua and Russia to the Entity List for various activities that have contributed to human rights abuses, the agency said in a final rule effective March 28. The entities include procurement firms, a police entity and technology and electronics companies, including several subsidiaries of Chinese surveillance company Hikvision, which was added to the Entity List in 2019 (see 2205090014).
The Bureau of Industry and Security added 11 entities in China, Myanmar, Nicaragua and Russia to the Entity List for various activities that have contributed to human rights abuses, the agency said in a final rule effective March 28. The entities include technology and electronics companies, among them multiple subsidiaries of Chinese surveillance company Hikvision, which was added to the Entity List in 2019 (see 2205090014). The entities will face a license requirement for all items subject to the Export Administration Regulations, and BIS will review license applications under a presumption of denial. BIS also amended the EAR to “explicitly confirm” that protecting human rights worldwide is a “basis” for adding entities to the Entity List.
A Washington, D.C., court last week rejected a Russian citizen’s bid to dismiss government accusations that he misled investors about his company’s “key” space technology and several U.S. “adverse national security determinations” against the company. The ruling came after the Securities and Exchange Commission said Mikhail Kokorich, former CEO of space industry startup Momentus, made several “misrepresentations, false statements, and material omissions” in merger discussions with another firm, failing to disclose that the Commerce Department had rejected at least one of his company's export license applications and planned to deny another (SEC v. Mikhail Kokorich, D.D.C. # 21-1869).
The Bureau of Industry and Society’s export enforcement arm is ramping up outreaches to exporters amid a rise in new restrictions against Russia and China, said Christopher Grigg, a former DOJ official. Grigg, now a lawyer with Nixon Peabody, said the agency’s Office of Export Enforcement is contacting more companies to specifically vet their record-keeping procedures.