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.
A Canada-headquartered biotechnology company agreed to pay the Bureau of Industry and Security $685,051 after admitting to illegally exporting water quality testing and analytical instruments to Iran. BIS said the company knew the shipments violated U.S. export controls, adding that it worked to “conceal” the destination of the exports by falsely listing a United Arab Emirates freight forwarder as the ultimate consignee, undervalued the items to avoid UAE customs scrutiny, and left out references to Iran in the invoice.
The 60-day temporary general license in the Bureau of Industry and Security's new 50% rule (see 2509290017) is “very limited” and could push exporters to apply for licenses “on an expedited basis to avoid noncompliance,” Morgan Lewis said in a client alert.
The Bureau of Industry and Security's new 50% rule only applies to ownership, not the “control” that a parent company may have over an affiliate, the agency said in new FAQs. Other FAQs stress that the government’s Consolidated Screening List is no longer exhaustive, clarify how license exceptions may apply to unlisted affiliates, explain how BIS will determine whether a U.S. exporter has “knowledge” that a listed entity owns part of a non-listed foreign affiliate, and more.
The Bureau of Industry and Security is rolling back a Biden-era interim final rule that increased restrictions on firearms exports, the agency said in a final rule effective Sept. 30. BIS said it decided that the rule should be “rescinded in its entirety” after hearing from U.S. firearms manufacturers that the controls “would cost them hundreds of millions of dollars per year in lost sales.”
A new interim final rule released by the Bureau of Industry and Security this week introduces a 50% ownership threshold rule for the Entity List and Military End-User List, a change that’s expected to drastically increase the number of companies subject to stringent export licensing restrictions. BIS also is adopting the rule, which it calls the “Affiliates rule,” for export transactions involving certain parties sanctioned by the Office of Foreign Assets Control, which BIS said will “align more closely” OFAC’s 50% rule with the new restrictions under the Export Administration Regulations.
Chinese semiconductor company Yangtze Memory Technologies Corp. accused the Bureau of Industry and Security of illegally withholding documents related to its placement on the Entity List, adding that the government acted on "inaccurate" information from YMTC competitors when it imposed stringent export license requirements on the company in 2022. The firm also questioned whether the End-User Review Committee, the interagency group that makes decisions on adding or removing companies from the Entity List, followed proper protocol when it voted to put YMTC on the list.
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 Bureau of Industry and Security again renewed temporary denial orders for three Russian airlines accused of violating U.S. export controls against Russia.
A new State Department export license exemption for underwater drones provides “new flexibility” for companies using those drones for certain commercial and scientific operations, but companies still need to set “careful compliance guardrails” to make sure they’re using the exemption correctly, K&L Gates said in a client alert.