I am looking forward to speaking on a panel at an upcoming Strafford webinar addressing the U.S. Department of Commerce’s recent policy shift that increases the incentives for companies to voluntarily self-disclose (VSD) possible EAR violations, particularly when “significant,” or risk serious penalties. Continue Reading [WEBINAR] Significant EAR Violations and BIS Policy Shift: Incentivized Voluntary Self-Disclosure, Third-Party Whistleblowing
Commerce Issues Two Rules Impacting China Exports, Parties
On October 7, the Department of Commerce, Bureau of Industry and Security (BIS), announced new controls on exports to China related to semiconductors. BIS also added 38 Chinese entities to the Unverified List (UVL) and established new criteria for adding entities to the Entity List. Specific details of these rules, particularly the expansive action regarding semiconductors, are laid out below.
Continue Reading Commerce Issues Two Rules Impacting China Exports, Parties
Register Now | A Multi-Jurisdictional Discussion of Export Controls on China, Russia and Belarus: Contrasting US, UK and EU Restrictions
I will join Brian Mulier (Bird & Bird LLP) and Keith Huffman (SAP) to present a workshop titled “A Multi-Jurisdictional Discussion of Export Controls on China, Russia and Belarus: Contrasting US, UK and EU Restrictions” on Monday, November 14 from 1:30-5:00 pm at the London Forum on Global Econonic Sanctions being held at the Millennium Gloucester Hotel.
Continue Reading Register Now | A Multi-Jurisdictional Discussion of Export Controls on China, Russia and Belarus: Contrasting US, UK and EU Restrictions
Register Now | The Ins and Outs of EAR Licensing Exceptions: How to Determine If, When and How They Apply
I will join Lexia Krown, Vice President Global Trade Compliance at ESAB Corporation to present a workshop titled “The Ins and Outs of EAR Licensing Exceptions: How to Determine If, When and How They Apply” on Thursday, October 20 from 1:00-4:30 pm ET as part of the ACI Proficiency Series: Export Administration Regulations.
Continue Reading Register Now | The Ins and Outs of EAR Licensing Exceptions: How to Determine If, When and How They Apply
With New Rule, BIS Seeks to Ensure Fuller American Participation in Standards-Setting Discussions
On September 9, the Commerce Department’s Bureau of Industry and Security (BIS) published an interim final rule to clarify how American industry can participate in international standards-setting activities when interacting with entities on the Entity List.
Continue Reading With New Rule, BIS Seeks to Ensure Fuller American Participation in Standards-Setting Discussions
Key Takeaways from Recent ECRA Compliance Case
I recently authored an article for Law360 providing insight on a recent appellate ruling related to violations of the Export Control Reform Act (ECRA), along with takeaways from the case and next steps from the U.S. Department of Commerce to address related compliance issues.
Continue Reading Key Takeaways from Recent ECRA Compliance Case
Commerce Targets Chinese Military-Civil Fusion Program as Seven Chinese Entities Added to the Entity List
Today, the U.S. Commerce Department’s Bureau of Industry and Security (BIS) published a final rule adding seven Chinese entities to the Entity List. The U.S. government determined these seven entities, primarily supporting the Chinese aerospace and space industries, had acted “contrary to national security and foreign policy interests of the United States.” BIS stated that the entities were acquiring or attempting to acquire U.S.-origin items to support China’s military modernization campaign. These seven entities bring the total number of listed Chinese entities to approximately 600.
Continue Reading Commerce Targets Chinese Military-Civil Fusion Program as Seven Chinese Entities Added to the Entity List
History and Trajectory of the Entity List Related to National Security Concerns
I recently co-authored an article for WorldECR with Scott Jones, a nonresident fellow at The Stimson Center, examining the history and current trajectory of the Entity List, part of the Export Administration Regulations (EAR) administered by the U.S. Bureau of Industry and Security (BIS) to help protect U.S. national security. In the article, we outline the history of the Entity List and discuss the need for a just and transparent removal mechanism.
We state that “since the 2008 change in scope to include national security and foreign policy concerns, the number of parties added to the Entity List has increased dramatically” from its original purpose of preventing the proliferation of weapons of mass destruction. With the recent technology conflicts between the United States and China, we argue the Entity List has become the most convenient tool in the toolbox to further U.S. national security and foreign policy goals.Continue Reading History and Trajectory of the Entity List Related to National Security Concerns
[WEBINAR] Update on Export Enforcement
The U.S. government continues to vigorously enforce U.S. export laws against both U.S. and non-U.S. companies. In addition to monetary penalties, companies charged with violating U.S. export laws may be subject to strict compliance obligations. In extreme cases, the U.S. government may even suspend a company’s export privileges.
In this webinar, we will discuss recent
BIS Imposes Civil Fine and Compels Hiring of Compliance Official or Cease Operations
On October 12, the U.S. Commerce Department, Bureau of Industry and Security (BIS) announced that it imposed a civil penalty fine against VTA Telecom Corporation (VTA) for the unauthorized export of controlled commodities to Vietnam. Additionally, BIS is requiring VTA to improve its export control compliance efforts and retain a Director of Trade Compliance. Alternatively, VTA can dissolve or cease operations.
VTA, located in Milpitas, California, was established in 2013 as a subsidiary of a Vietnamese state-owned telecommunications company. BIS is the primary U.S. government agency responsible for administering and enforcing export controls on commercial items that could support weapons proliferation and other threats to U.S. national security.
According to BIS, VTA procured and exported items from the United States to its parent company in Vietnam with knowledge that certain of those exports were intended to support a Vietnamese defense program. To settle the matter, VTA agreed to the following:
- A penalty of $1,869,372.
- Expenditure of $25,000 to fund its internal export compliance program (ICP).
- Hiring and retention of a Director of Trade Compliance to oversee VTA’s export activities for at least two years.