BIS Export Officers Now Have Permanent Authority to Execute Warrants, Etc.
The Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 which became Public Law 111-195 on July 1, 2010, not only expanded the sanctions imposed against Iran, but also provided the Bureau of Industry and Security certain permanent enforcement authority and authorized certain appropriations as follows:
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First Permanent, Law Enforcement Authority for BIS Export Officers
The bill gives BIS export enforcement officers the authority to execute a warrant, make arrests without warrant, and carry firearms when the officer is carrying out activities to enforce the:
- Export Administration Act of 1979, (as in effect pursuant to the International Emergency Economic Powers Act, collectively, IEEPA);
- Prevention of Diversion of Certain Goods, Services, and Technologies to Iran (Title III of the Iran Sanctions Act);
- any other provision of law relating to export controls, with respect to which the Secretary of Commerce has enforcement responsibility; or
- any license, order, or regulation issued under IEEPA, the Iran Sanctions Act, or any other provision of law relating to export controls.
According to comments made by BIS Under Secretary Eric Hirshorn at the August 2010 BIS Update Conference, this is the first time permanent law enforcement authority has been given to BIS export enforcement agents. (See ITT’s Online Archives or 09/01/10 news, 10090114, for BP summary of Under Secretary Hirshorn’s comments.)
Appropriations Authorized for FY 2011-2013 to Combat Terrorism Financing
The Iran Sanctions Act also authorized appropriations to BIS of $113 million for fiscal year 2011 and such sums as may be necessary for each of the fiscal years 2012 and 2013 to increase capacity for efforts to combat unlawful or terrorist financing.
(Note that this provision authorizes the enactment of appropriations for BIS to combat terrorism financing. However, separate appropriations legislation is needed to actually fund an agency and provide it with budget authority.)
(See ITT’s Online Archives or 06/30/10 news, 10063049, for BP summary of other provisions of the Iran Sanctions Act, including its ban of Iranian carpet and food imports, certification requirements, etc.)