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Higher penalties. Suspended sentences. Admissions of fault. Public charging letters. Welcome to a new era of export enforcement. The Department of Commerce’s Bureau of Industry and Security (BIS) has changed the game when it comes to penalizing companies and individuals for export violations. How did they do it? And what does this mean for your organization going forward?

Rest assured that the U.S. government and our allies are focused on enforcing the sanctions and restrictions on Russia as a result of Russia’s invasion of Ukraine. In recent remarks, the Assistant Secretary for Export Enforcement, described the Department of Commerce’s actions in preventing Russia from obtaining tools of war.

Often in the course of daily business, it is easy to forget that there is a lot to maintain when it comes to ITAR compliance. Consider a spring clean-up focused on organizing and bringing your program back to life. Here are three things you should do this spring to ensure your ITAR program is in top shape.

Are you shopping for explosives to use in your next gold mining operation? (Well, of course you are! Isn’t everyone?) Here’s some free professional advice: Don’t purchase these explosives from Cuba. Specifically, from a state-owned entity that is subject to the Office of Foreign Assets Control’s (OFAC) Cuban Assets Control Regulations (CACR). Otherwise, you could face a six-figure penalty … not to mention a wave of bad publicity.

It’s one thing to have your name in the news as part of a settlement agreement for export control violations.  It’s quite another to be publicly called out by the government for apparently ignoring the new Russia sanctions.  That’s exactly what happened earlier this month.

Over the past month, we’ve been inundated with calls and emails from people trying to export defense items to Ukraine.  Mostly firearms, ammunition and body armor. These transactions must be looked at closely to avoid any violation of U.S. export control laws and regulations.

February 2022 saw the U.S. and our allies make approximately 1,000 additions and changes to its sanctions and export control policies – a truly unprecedented number. These measures are designed to “impose severe economic costs that will have both immediate and long-term effects on the Russian economy and financial system.” Are they working? And what are the latest updates for U.S. companies trying to comply?

Last month, the Department of Justice announced a guilty plea agreement with Saber Fakih, 46, a UK citizen, for attempting to illegally export highly sensitive equipment to Iran. The details of this case include some hefty evidence of Mr. Fakih’s guilt.