Exporters shouldn't expect a grace period from enforcement under the Bureau of Industry and Security's new 50% rule, but the agency likely is first looking for intentional violators as opposed to exporters who made good-faith efforts to comply, industry lawyers and advisers said in interviews.
The Bureau of Industry and Security this week fined British Virgin Islands-based company Hallewell Ventures and its owner, Albert Avdolyan, $374,474 for violating sanctions against Russia. BIS said Hallewell illegally reexported a Bombardier Global 7500 jet from the Maldives to Russia without a license.
Planet Labs, a California-based Earth imaging company, disclosed this month that it has submitted a voluntary self-disclosure to the Bureau of Industry and Security about potential export control violations.
The more than $140 million U.S. penalty levied on California chip firm Cadence in July (see 2507290026) is the latest signal that companies should prepare for increasingly "aggressive" export control enforcement, especially for violators of technology controls against China, law firms said. One firm said it shows that the government expects companies to provide access to business information located in China -- even if that may violate China’s anti-foreign sanctions laws -- while another firm said it highlights the challenges companies face when determining whether a customer is a front company for a party on the Entity List.
California-based electronic design automation firm Cadence will pay more than $140 million in combined civil fines, criminal penalties and forfeitures after the U.S. said it violated export controls against China. The company pleaded guilty to illegally exporting EDA hardware, software and semiconductor design intellectual property technology to Chinese entities, including a university and company on the Entity List.
Cadence, a California-based electronic design automation firm, will pay more than $140 million in combined civil fines, criminal penalties and forfeitures to resolve allegations that it illegally exported technology to Chinese entities, DOJ and the Bureau of Industry and Security announced July 28. The company pleaded guilty to illegally exporting EDA hardware, software and semiconductor design intellectual property technology to the National University of Defense Technology, a university added to the Commerce Department's Entity List for its ties to the Chinese military, DOJ said.
The Bureau of Industry and Security’s latest export control enforcement action against a semiconductor firm shows the agency may be preparing to target companies that flout its high probability standard, a trade lawyer and industry consultant said.
Companies should expect the Bureau of Industry and Security to continue a steady pace of penalties against export violators, particularly for cases involving semiconductors and other advanced technologies, said Gregory Dunlap, the former special agent in charge of the agency’s Los Angeles field office. And if Congress grants the agency’s request for more funding, Dunlap said, BIS could soon have the resources to more quickly carry out investigations and probe a greater number of exporters.
The Bureau of Industry and Security fined a California semiconductor developer and supplier $4.25 million for violating U.S. export controls against Huawei, saying it illegally forwarded more than 1,500 power controllers, smart power stages and related accessories to the Chinese company without a license.
The Bureau of Industry and Security this week officially released its enforcement order, charging letter and settlement agreement involving Unicat Catalyst Technologies, the Texas-based industrial equipment supplier that recently was assessed millions of dollars in combined penalties by BIS, DOJ and the Office of Foreign Assets Control for allegedly violating export control and sanctions laws (see 2506170047).