A Florida woman, Amin Yu (a/k/a Yu Amin, a/k/a Amy Yu) was charged in a superseding indictment with conspiring to illegally export U.S. technology to a Chinese state-owned entity. This technology is used in underwater drones.
Among other charges in the indictment (including illegal exports, money laundering, and acting as an agent for a foreign government) were multiple counts charging that Yu did knowingly submit and cause the submission of false and misleading Electronic Export Information (EEI) through the Automated Export System (AES) in violation of 13 U.S.C. § 305(a)(1). This criminal charge carries with it penalties of a fine not to exceed $10,000 per violation or imprisonment for not more than five (5) years, or both.
Additionally, multiple counts charged violations of 13 U.S.C. § 305(3) which is the Forfeiture section of 13 U.S.C. § 305. This section of the law cites that any person who is convicted under this subsection shall, in addition to any other penalty, be subject to forfeiting to the United States:
- any of that person's interest in, security of, claim against, or property or contractual rights of any kind in the goods or tangible items that were the subject of the violation;
- any of that person's interest in, security of, claim against, or property or contractual rights of any kind in tangible property that was used in the export or attempt to export that was the subject of the violation;
- any of that person's property constituting, or derived from, any proceeds obtained directly or indirectly as a result of the violation.
Although ITAR and EAR violations tend to get most of the publicity, this case shows that the U.S. Government takes other areas of export controls laws just as seriously. In this instance, Yu’s alleged falsification of AES records could carry some steep penalties.
Jim McShane is a Sr. Consultant, Trade Compliance for Export Solutions -- a full-service consulting firm specializing in ITAR and EAR regulations.