The Bureau of Industry and Security again renewed temporary denial orders for three Russian airlines accused of violating U.S. export controls against Russia. BIS first suspended the export privileges of Aeroflot, Azur Air and UTair in 2022, barring the airlines from participating in transactions with items subject to the Export Administration Regulations (see 2204070010), and has renewed their denial orders several times (see 2309270004). BIS said all three airlines continue to "act in blatant disregard" for U.S. export controls by continuing to operate aircraft subject to the EAR. The orders include a table of recent flights operated by each airline.
U.S. companies and trade groups applauded a recent Bureau of Industry and Security rule that expanded the agency’s export control exemption for certain standards-setting activities, saying the change will help remove licensing barriers faced by American officials at international bodies working on emerging technology standards. But at least one group asked BIS to continue expanding the exemption to cover a wider set of technologies discussed in standards bodies involving the electronics, telecommunications and aviation industries.
The Bureau of Industry and Security is drafting a proposed rule that could revise its space-related export controls, including by adding new License Exception Commercial Space Activities (CSA).
Companies should continue to expect an “aggressive” U.S. sanctions enforcement landscape heading into next year, and should consider increasing the amount of due diligence they undertake if they haven’t already, panelists said during an event last week about sanctions compliance.
Export enforcement officials from the U.S., Australia, Canada, New Zealand and the U.K. met in Washington this week, where they warned businesses about complying with export controls against Russia and committed to expanding joint investigations to penalize violators.
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The Bureau of Industry and Security is preparing a new interim final rule that would revise its space-related export controls “for changes made under Commerce authorities.” BIS sent the rule for interagency review Sept. 13. No further information was released.
Raj Parekh, a former trial attorney with DOJ’s National Security Division, is joining the Bureau of Industry and Security as the agency’s first chief of corporate enforcement, BIS announced this week. Parekh will be the “primary interface” among BIS special agents, the agency’s chief counsel office and DOJ as they work “to advance significant corporate investigations.” Parekh most recently worked as the highest-ranking career official in the U.S. Attorney’s Office for the Eastern District of Virginia.
The Bureau of Industry and Security could use more export enforcement agents abroad and better analytical tools to track illegal shipments, said Matthew Axelrod, the agency’s top export enforcement official. He also said companies should expect BIS to continue to issue large corporate enforcement penalties for export control violations.
A new final rule issued by the Bureau of Industry and Security this week will codify a host of updates the agency made to its administrative enforcement policies over the past three years, including measures to help BIS more quickly resolve minor voluntary disclosures and increase penalties on exporters who choose not to report serious violations. Other changes will give BIS broader discretion to impose higher fines, including by eliminating language that had capped maximum base civil penalties for “non-egregious” violations.