We all know that OFAC can impose civil penalties against any person who exports goods to a third party, when that person has reason to believe the goods are destined for Iran. But how far does OFAC have to go to prove that the goods were actually reexported to Iran? A recent decision by the U.S. Court of Appeals sheds some light.
We get a lot of questions about exporting titanium products and other metals from the United States. Recently, I sat down with one of our clients – Performance Titanium Group (PTG) – to discuss some of the basic “do’s and dont’s” when exporting titanium.
Zhongxing Telecommunications Equipment Corporations, (“ZTE”), and its subsidiaries and affiliates entered into a settlement with three U.S. government agencies covering civil and criminal charges filed against the company. This represents a new record for EAR enforcement penalties.
Access USA will pay millions for export violations. The company admits to numerous EAR violations.
During the dark days of winter (January to be exact), the U.S. Department of Commerce, Bureau of Industry and Security (BIS), published a new regulatory requirement dealing with items controlled under multilateral regimes.
Yu Long, a Chinese citizen and former employee of the United Technologies Research Center (UTRC) pleaded guilty to the export and the attempted export of defense articles from the U.S. in violation of the Arms Export Control Act. The maximum possible sentence Long can serve is 20 years.
On 20 December 2016, in the Federal District of Connecticut, JIANG YAN, 34, of Shenzhen China was sentenced to time served (12 months imprisonment) for attempting to purchase and export to China without a required export authorization for certain sophisticated integrated circuits used in military satellites and missiles. Additionally, for conspiring to sell counterfeits of those same integrated circuits to a purchaser in the United States. Yan was also ordered to forfeit $63,000 in cash seized incident to his arrest.
While you are trying to figure out where you left off before Christmas, keep in mind that a new Harmonized Tariff Schedule is now in effect for 2017. The new HTS is available online.
DDTC has released its first summary report from the re-initiated Company Visit Program. Is your company following these best practices and recommendations?
Traditionally Export Related Voluntary Disclosures/Voluntary Self-Disclosures have been filed with DDTC, BIS, OFAC or occasionally the Bureau of Census. Each of these agencies encourages companies and individuals to file the Disclosures and they provide an incentive in that the filing can be considered as a mitigating factor to the violation(s) committed.