Enforcement

Commerce's Bureau of Industry and Security (BIS) issued a Temporary Denial Order (TDO) against three individuals and four companies implicated in illicitly supplying the Russian military with U.S.-sourced micro-electronics having significant military applications.

Under the Dodd-Frank Act, a whistleblower who exposes fraud can receive a monetary award and anti-retaliation protections through the U.S. Securities and Exchange Commission (SEC) Whistleblower Program - as long as they blow the whistle voluntarily. A definition of “voluntary” may seem simple enough. However, some Dodd-Frank whistleblowers who, acting of their own free will and without legal obligation, report fraud are considered “involuntary” simply because they reported to the media, other government agencies, foreign law enforcement, or a U.S. embassy.

Under the newly adopted § 766.24(d)(1), BIS is now permitted to request the Assistant Secretary for Export Enforcement to extend an existing TDO for up to one year, a substantial extension from the previous 180-day limit. This enhanced provision is triggered in cases where a subject party has exhibited a pattern of repeated and ongoing violations of the EAR, thereby justifying the need for a more protracted control mechanism.

The Securities and Exchange Commission has accepted an Offer of Settlement from Minnesota's 3M Company, closing its investigation into violations of the Foreign Corrupt Practices Act by 3M's …

BIS Announced three Orders Denying Export Privileges Friday, two for gunrunning to Mexico and Canada, and one for the export of an "eyepiece" to China.

Treasury’s Office of Foreign Assets Control (OFAC) today announced a $660,594 settlement with Construction Specialties Inc, a Lebanon, New Jersey manufacturer and distributor of specialty architectural products.  CS has agreed to settle its potential civil liability for three apparent violations of OFAC sanctions on Iran that arose from its United Arab Emirates subsidiary’s, Construction Specialties, Middle East L.L.C. (“CSME”), exportation of U.S. origin goods to Iran.  

On August 16, 2023 the Bureau of Industry and Security (BIS) published orders denying export privileges to the following four individuals:

Departing Assistant Attorney General for the Criminal Division Kenneth Polite told Reuters the department’s enforcement pipeline has several more “global resolutions,” or large corporate settlements pending in coming months. Mr. Polite, who will be joining Sidley Austin in October after overseeing corporate resolutions such as Glencore, ABB, Danske, and Stericycle attributed the backlog to COVID related- delays.  Polite said to expect "much larger schemes and activities."

In remarks last week in Lexington, Kentucky,  Under Secretary of the Treasury for Terrorism and Financial Intelligence Brian E. Nelson spoke to common concerns about the implementation of the Corporate Transparency Act (CTA) which requires certain U.S. and foreign companies to report to FinCEN information about their beneficial owners: "FinCEN is working around the clock to stand up this program in a way that allows you to understand your obligations, provides you the resources to meet them, and ensures the smallest possible burden on you.

The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) has designated Riad Salameh, the former governor of Lebanon's central bank, and four of his close associates for corrupt and unlawful activities. Salameh allegedly used his position to funnel hundreds of millions of dollars through shell companies for personal enrichment, investing in European real estate. The sanctions do not extend to the Banque du Liban (BdL) or its U.S. correspondent bank relationships.

Bureau of Industry and Security (BIS) is adding four Cyber surveillance entities to the Entity List under the destinations of Greece, Hungary, Ireland, and North Macedonia. The ERC determined to add the firms to the Entity List for "trafficking in cyber exploits used to gain access to information systems, thereby threatening the privacy and security of individuals and organizations worldwide."

A Russian citizen alleged to have ties with Russia's Federal Security Service (FSB) will face charges in a U.S. court today. The charges relate to conspiracy, money laundering, and participating in a …

The Bureau of Industry and Security (BIS), declared the enforcement of financial penalties against two defense companies,  resolving alleged infractions of the antiboycott regulations of the …

A Washington State man recieved suspended punishment for export violations committed five years ago.  Jaeyoun Jung, of Puyallup faces a a two-year denial of his export privileges, suspended for a two-year probationary period, then waived, provided that Jung has not committed another violation, and has completed an export controls compliance training.

Along with sanctions on miners affiliated with th Wagner Group, the U.S. released a multiagency advisory on compliance concerns associated with the Gold Trade. Jointly issued by six Departments - State, Treasury, Commerce, Homeland Security, Labor, and the United States Agency for International Development (USAID) the advisory had been delayed several days, along with the Wagner Sanctions, to allow the mutiny in Russia to sort itself out.

Treasury’s Office of Foreign Assets Control said Tuesday it has reached a $3.4 million settlement with Swedbank Latvia to settle its potential civil liability for 386 apparent violations of US …

Assistant Attorney General Kenneth Polite Jr. , head of the Department of Justice's (DOJ) criminal division, reports an increase in corporate disclosures following the implementation of new …

The Vietnamese government-owned company VTA Telecom Corporation (VTA) has been administratively debarred for violating the International Traffic in Arms Regulations (ITAR), according to a public notice issued by the Department of State.  VTA Telecom Corporation was found to have exported or attempted to export ITAR-controlled defense articles, including hobby rocket motors, video trackers, and a gas turbine engine, without proper authorization.

Weibao Wang, a former software engineer for Apple Inc. and executive at an electric vehicle startup owned by Chinese firms Baidu and Geely, was indicted and charged by the U.S. Department of Justice for allegedly stealing Apple's proprietary self-driving technology.

Koninklijke Philips N.V., a leading global manufacturer of health technology products, has agreed to pay over $62 million in settlement charges brought by the US Securities and Exchange Commission (SEC). The Dutch company has been accused of engaging in improper conduct and bidding practices in China between 2014 and 2019, which involved influencing foreign officials to increase the likelihood of their products being chosen in public tenders.

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