A Texas-based industrial equipment supplier and its former CEO were fined millions of dollars for intentionally violating sanctions and export control laws, but the U.S. declined to prosecute its parent company after the firm voluntarily disclosed the violations and cooperated closely with DOJ’s investigation.
The Bureau of Industry and Security should consider working with companies to help them carry out extra due diligence for certain chip exports and should introduce a notification requirement for exports of advanced AI chips, researchers said in a new report last week. Those and other recommendations could help BIS better prevent illegal chip smuggling, they said.
Exporters and other companies could start seeing an uptick in government subpoenas as the Bureau of Industry and Security looks to increase export penalties, industry officials said this week, adding that businesses should make sure they’re scrutinizing transactions and watching for red flags.
Taiwan Semiconductor Manufacturing Company may face a fine of up to $1 billion or more if the Commerce Department determines it violated U.S. export control laws against Huawei, Reuters reported April 8. The Bureau of Industry and Security has reportedly been investigating the chip company after one of its chips was found in a Huawei product (see 2411120011 and 2410230019), and Reuters said Commerce could reach a $1 billion penalty because export control regulations allow the agency to issue a fine of up to twice the value of transactions that violate the rules. Reuters said it "could not determine how the Trump administration will proceed with TSMC or when the matter would be resolved."
Companies moving export-controlled goods should generally require customers to fill out end-user and end-use statements for all transactions, even if the shipments are for less sensitive EAR99 items, Commerce Department officials said.
The Bureau of Industry and Security is considering expanding its statute of limitations for certain export control violations, a Commerce Department official said.
The Bureau of Industry and Security’s record-setting enforcement pace over the last several years has raised the agency’s profile and convinced more businesses to invest in compliance, said Matthew Axelrod, the top BIS export enforcement official. But Axelrod said he thinks companies can do more.
The Bureau of Industry and Security fined a U.S.-based electronics manufacturer and supplier for the semiconductor industry $180,000 after it admitted to exporting 11 shipments to Russia without a license. BIS said the company, Indium Corporation of America, which has factories in Asia and Europe, failed to resolve multiple red flags involving shipments of solder wires, solder ribbon and solder preforms to a Russian defense contractor.
California-based electronics parts manufacturer and supplier Integra Technologies agreed to pay the Bureau of Industry and Security $3.3 million after admitting to violating U.S. export controls on Russia, telling BIS that it didn’t realize the transistors it was shipping needed an export license.
The latest U.S. semiconductor-related export restrictions represent a strengthening of controls on China along with a “massive” expansion of foreign direct product rule restrictions, but they also include some head-scratching loopholes that chip firms will exploit, semiconductor policy researchers said this week.