November 2008 Volume 22, Number 11
Features
Should DoD Be Subject to U.S. Export Constraints?
Is Defense Department required to comply with ITAR and EAR? Argument over application of export rules should be settled by legislation, suggests former Pentagon lawyer.
More...
Focus on Enforcement
Marysol Agrees to Pay Fine in Settlement But Complains about Treatment by BIS
Marysol Technologies, Inc., of Clearwater, Fla., has agreed to pay a $180,000 civil fine in a settlement with the Bureau of Industry and Security...
More...
American Rice Fined for Not Reporting Requests for Antiboycott Certifications
American Rice, Inc., of Houston, Texas, has reached an administrative settlement with the Bureau of Industry and Security (BIS) to pay a $30,000...
More...
Maxim Pays Fine for Continuing Deemed Export Violations While License Was Pending
Maxim Integrated Products, Inc., of Sunnyvale, Calif., signed a settlement agreement with the Bureau of Industry and Security (BIS) and agreed to...
More...
BIS Lets Three Firms off with Warning Letters for Alleged Antiboycott Actions
The Bureau of Industry and Security (BIS) has given three companies a free pass, issuing warning letters to them instead of fines for alleged...
More...
Three Indicted on Conspiracy to Export Carbon-Fiber Materials Without Licenses
A federal grand jury in Minneapolis, Minn., Oct. 28, 2008, indicted three men who were caught in a government sting operation trying export...
More...
Rohde & Liesenfeld Pays $30,000 Fine to Resolve BIS Antiboycott Charges
Houston, Texas, freight forwarder Rohde & Liesenfeld, Inc., has reached a settlement with the Bureau of Industry and Security (BIS) to resolve...
More...
Enforcement Insights by Mark Menefee
Quantum of Cases
By Mark D. Menefee*
James Bond: Skewered. One sympathizes. Casino Royale (2006) On October 28, 2008, the U.S. Department of...
More...
Regulatory Briefs
BIS Issues Final Additional Protocol Regulations for Civilian Nuclear Facilities
The Bureau of Industry and Security (BIS) in the Oct. 31, 2008, Federal Register issued final Additional Protocol Regulations (APR) to implement...
More...
BIS Wants Comments on Impact of Chemical Weapons Convention on U.S. Industry
To help it prepare its annual report to Congress on compliance with the international Chemical Weapons Conventions (CWC), the Bureau of Industry...
More...
BIS Seeks Public Comments on Effectiveness of Export Licensing Process for Cuba
The Bureau of Industry and Security (BIS) in the Oct. 29, 2008, Federal Register asked for public comments on the effectiveness of its licensing...
More...
End Notes
TRADE PEOPLE: Chris Kessler, until recently director of State's Office of Conventional Arms Threat Reduction in Bureau of International Security...
More...
Policy Briefs
Export Enforcement Initiative Has Sparked 32% Increase in Prosecutions Since Inception
The National Export Enforcement Initiative that the Justice Department launched in October 2007 has sparked a 32 percent increase in its first year...
More...
DTAG Proposes Review and Rewrite of ITAR Based on Military Utility
The State Department's Defense Trade Advisory Group (DTAG) Oct. 21, 2008, urged the department to review and rewrite the International Traffic in...
More...
Defense Firms Starting to Get First Registration Renewal Notices with Higher Fees
Less than 10 percent of the estimated 5,500 defense manufacturers registered with State's Directorate of Defense Trade Controls (DDTC) are being...
More...
North Korea Removed from List of Terrorist States, but Little Added Trade Foreseen
The Bush administration Oct. 11, 2008, kept its promise to North Korea and ended its designation as a state-sponsor of terrorism. The change in...
More...
Conviction under FCPA Stands after Supreme Court Rejects Petition for Review
Opposition from the U.S. Solicitor General in the Justice Department probably was the main reason that the Supreme Court Oct. 6, 2008, denied...
More...
Ex-Im Bank Reduces Premium for Export Credit To Ease Financing Troubles
Small business exporters who are having trouble finding export financing during the current credit crisis may find some help from the Export-Import...
More...
New and Better Defintions Are Needed in ITAR, State Advisory Group Recommends
Many current terms in the International Traffic in Arms Regulation (ITAR) either have inadequate or no definitions, according to a working group of...
More...
Inside BIS
200 Firms May Benefit from Proposed ICT Exception, BIS Officials Estimate
The proposed Intra-Company Transfer (ICT) License Exception isn't for everyone, but Bureau of Industry and Security (BIS) officials say they have...
More...
BIS Rejects Recommendation to Suspend VEUs for China until Audit Deal Is Reached
Even though it essentially stopped reviewing and approving new applications from Validated End Users (VEUs) in China months ago, the Bureau of...
More...
Public Comments Urge BIS to Revise U.S. Foreign Policy Controls
Every year, the Bureau of Industry and Security (BIS) asks for industry comments on the impact of foreign-policy export controls on business, and...
More...
Industry Objects to DEAC Call for New Deemed Export Rules for Foreign Nationals
The recommendations of Commerce Department's Deemed Export Advisory Committee (DEAC) continue to draw a mix reaction from the exporting and...
More...
Commerce Has Surrendered Authority on Foreign Availability Decisions to Interagency Review
The power to determine when the foreign availability of a controlled item from non-controlled source should lead to the decontrol of that item has...
More...
BIS Drafting Final Report on Foreign Availability of Night Vision Cameras
The Bureau of Industry and Security (BIS) is drafting the final report on its review of the foreign availability of thermal imaging cameras in...
More...