August 2014

Features

U.S., EU Sanctions Hit Russian Banking, Oil and Arms Sectors
The tightening of U.S. and European Union (EU) sanctions against Russia for its actions in Ukraine appears to be having its intended negative impact on the Russian economy, but has produced no sign that Russian President Vladimir Putin will back down.
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Fokker Settlement in Question over "Voluntary" Disclosure
The Fokker Services case has revealed interagency disagreement over export enforcement and the role of voluntary self-disclosures (VSDs) in settlement of those cases.
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Focus on Enforcement

Chinese National Pleads Guilty to Exporting Sensors to China Without Licenses
A Chinese national who used his cousin, a graduate student, in a scheme to export ARS-14 MHD angular rate sensors to China without State licenses,...
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FCPA Case Against Former Noble Execs Ends with Promises of Good Behavior
Six days before a scheduled jury trial in Houston U.S. District Court, two former Noble Corporation executives agreed to settle pending Securities...
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Calif. Firm Settles OFAC Charge of Selling Deck Chairs to Blocked Iran Entity
Trying to get around controls on financial transactions with Iranian entities could be like rearranging deck chairs on the Titanic. Literally. In...
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Smith & Wesson Pays $2 Million to Settle SEC Charges of FCPA Violations
A Justice investigation that ultimately ended with no criminal charges lead the Securities and Exchange Commission (SEC) to look into violations of...
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Russian National Pleads Guilty to Exporting Night-Vision Devices to Russia
A Russian citizen who had been extradited to the U.S., pleaded guilty to conspiring to export night vision devices and thermal imaging scopes...
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French Citizen Sentenced to Prison for Obstructing Bribery Investigation in Guinea
After more than a year in custody, French citizen Frederic Cilins was sentenced July 25, 2014, in Manhattan U.S. District Court to 24 months in...
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Electronics Firm Doesn't Take Hints, Pays OFAC $4 Million Fine for Iran Sales
Wear a sweater, eat your vegetables, and stop selling equipment to Iran when the U.S. government warns you not to. Epsilon Electronics Inc. in...
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Former BizJet CEO Pleads Guilty to Bribing Foreign Officials in Mexico, Panama
Two years after his company paid over $11 million to settle related charges, Bernd Kowalewski, former president and CEO of BizJet, a U.S.-based...
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Customs Stops Export of 50,000 Pages of F-35 Data Allegedly Headed to Iran
A man charged with the interstate transfer of stolen documents containing technical data on the F-35 Joint Strike Fighter (JSF) could face...
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Mexican Company Owner Sentenced to Probation for Defrauding Ex-Im Bank
Jose Mirabent-Paez, a Mexican citizen and owner of a Mexican construction company, was sentenced July 10, 2014, in Miami U.S. District Court to...
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Another Former Alstom Executive Pleads Guilty to Bribing Indonesian Officials
Another ex-executive of France's Alstom Power has pleaded guilty in New Haven, Conn., U.S. District Court to bribing Indonesian officials to secure...
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Inside BIS

BIS Advisory Opinion Clarifies Policy on Digital Voice Recorders
Some new devices for speech processing don't fall under export licensing requirements as long as the signals are not intelligible to human...
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BIS Advisors Look Toward Wassenaar List Changes for 2015 Plenary Meeting
Even as technical working groups are still working on potential changes to the Wassenaar Arrangement's control lists for adoption at the regime's...
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Hirschhorn Claims No Change in Crude Oil Export Policy Since 1986
As many oil companies reportedly are scrambling to take advantage of what they consider to be a new, more permissive Commerce policy for the export...
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Mills Says BIS Will Treat 600-Series VSDs Similar to How DDTC Treated Filings
Bureau of Industry and Security (BIS) Assistant Secretary for Export Enforcement David Mills tried July 30, 2014, to calm the concerns of exporters...
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Policy Briefs

DDTC Compliance Staff See Fewer Disclosures, But Small Drop in Registrations
After years of seeing a steady rise in the number of voluntary disclosures (VDs) it received, the compliance staff of State's Directorate of...
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CBP Releases Minimum Security Guidelines for Exporters under C-TPAT
In the first step toward creating an "export entity" under its current Customs-Trade Partnership Against Terrorism (C-TPAT) program, which is now...
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GAO Report on Ex-Im Aircraft Financing Fuels Critics' Complaints
As the Export-Import (Ex-Im) Bank fights for its life in Congress, a report from the Government Accountability Office (GAO) gives further...
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Hochberg Defends Ex-Im Against Corruption Charges After Ex-Employee Pleads Fifth
After fired Export-Import Bank (Ex-Im) employee Johnny Gutierrez invoked his Fifth Amendment right against self-incrimination half a dozen times at...
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DDTC Expects Licensing to Level Off at 45,000-50,000 at End of Export Reforms
State's Directorate of Defense Trade Controls (DDTC) expects its annual export licensing load to level off at 45,000 to 50,000 cases when export...
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Regulatory Briefs

BIS Removes Biosensors, Related Software from Control Under "Holding" ECCN
Easy come, easy go. The Bureau of Industry and Security (BIS) has said goodbye to references to biosensors, the first emerging technology that was...
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BIS Implements Wassenaar Changes to High-Performance Computer Control Threshold
The Bureau of Industry and Security (BIS) has officially implemented changes to the Commerce Control List (CCL) to put into effect list revisions...
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Census to Amend AES to Allow Late Entry of Data After Voluntary Disclosures
The Census Bureau will amend the Automated Export System (AES) to allow exporters that failed to file an Electronic Export Information (EEI) for an...
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End Notes

END NOTES
HIZBALLAH : OFAC July 10, 2014, added to its list of Specially Designated Nationals (SDN) brothers Kamel and Issam Mohamad Amhaz; their consumer...
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