The Bureau of Industry and Security fined multinational chip maker GlobalFoundries $500,000 after it illegally exported semiconductor wafers to a Entity Listed firm with ties to Semiconductor Manufacturing International Corp. (SMIC), China’s flagship chip manufacturing company.
The Bureau of Industry and Security reached a $151,875 settlement with Quantum Corp., a California-based data storage and management company, after it allegedly committed 45 violations of the antiboycott provisions of the Export Administration Regulations.
The Bureau of Industry and Security fined First Call International, a Texas-based provider of defense and aerospace items, after the company modified a document to make it appear like it was complying with U.S. export control regulations. BIS also said the business illegally exported military aircraft parts to Malaysia and South Korea.
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.
The Bureau of Industry and Security this week fined a Pennsylvania electronics business and its Hong Kong affiliate $5.8 million after the company voluntarily disclosed and admitted to illegally shipping controlled technology to China, including to military research institutes on the Entity List. The company, TE Connectivity Corporation, had “knowledge or reason to know” that the shipments violated U.S. export controls, BIS said, adding that its employees in China hid the true end-users and bypassed the company’s denied-party screening process.
Indiana University will avoid a fine but must meet several government-imposed export compliance commitments after it illegally exported genetically modified fruit flies carrying a controlled toxin, the Bureau of Industry and Security announced this week. The school voluntarily disclosed the illegal exports and admitted to 42 violations of the Export Administration Regulations, BIS said, which helped IU avoid a monetary penalty.
U.S. in-house attorneys need to be more vigilant than ever when investigating possible export control violations, lawyers said this week, adding that the risks of a possible civil or criminal penalty for a subpar internal investigation, or for not disclosing a violation quickly enough, are rising.
Industry lawyers and advisers see the Bureau of Industry and Security's revamped voluntary disclosure policies as a positive set of moves that could reduce compliance burdens on exporters and encourage more companies to come forward with tips about their competitors. But at least one former government official said corporations should remain skeptical about the changes until BIS offers more clarity about how it will implement them in practice.
A New York freight forwarder agreed to complete export compliance training, but won’t face a fine, after admitting to the Bureau of Industry and Security that it illegally shipped enterprise servers and switches to Iran on behalf of an Iran-based exporter.