The Bureau of Industry and Security entered into a settlement agreement with a Nogales, Arizona, business owner after he tried to illegally export about $4,000 worth of items to Mexico, including ballistic helmets and rifle scopes. Under a settlement agreement, Luis Fernando Gracia must conduct an internal audit of his company’s export compliance procedures and complete compliance training or else face the suspension of his export privileges.
The Bureau of Industry and Security this week updated its restricted aircraft list with 25 foreign-produced planes that have violated U.S. export controls. BIS said the commercial planes -- which are the first foreign-produced aircraft added to the list -- violated the Export Administration Regulations’ de minimis threshold for U.S. components by flying into Russia or Belarus. The agency also updated various tail numbers and serial numbers for other listed planes.
The Bureau of Industry and Security on Aug. 2 suspended the export privileges of a Venezuela-based cargo airline for violating U.S. export controls. The agency said Empresa de Transporte Aéreocargo del Sur, also known as Aerocargo del Sur Transportation Company, acquired control of a U.S.-origin Boeing aircraft from Mahan Air -- Iran’s sanctioned airline -- and illegally flew that plane between Venezuela, Iran and Russia. BIS suspended the airlines’ export privileges for 180 days, barring it from participating in transactions subject to the Export Administration Regulations.
The Bureau of Industry and Security updated its restricted aircraft list with 25 foreign-produced planes that have violated U.S. export controls, the agency said in an news release. BIS said the commercial planes -- which are the first foreign-produced aircraft added to the list -- violated the Export Administration Regulations’ de minimis threshold for U.S. components by flying into Russia or Belarus. Certain activities involving the planes, including maintenance and repair, are now subject to restrictions outlined in General Prohibition 10 of the EAR.
Although the U.S. should be concerned about university espionage and research theft, it shouldn’t place restrictions on fundamental research, said Arati Prabhakar, President Joe Biden’s nominee for director of the Office of Science and Technology Policy, speaking during a Senate Commerce, Science and Transportation hearing this week. She said the U.S. has some “real issues” involving research security, which “have to be wrestled with” but not in a way that stifles innovation and hurts American competitiveness.
The Bureau of Industry and Security recently revoked export privileges for four people after they illegally exported defense items or weapons ammunition.
A U.S. appeals court on July 8 affirmed a 2020 District of Columbia court ruling dismissing FedEx’s lawsuit against the Bureau of Industry and Security, saying the shipping company failed to show BIS acted outside its authority. The court also rejected FedEx’s claims that the agency was using the Export Administration Regulations to apply overly burdensome liability standards on carriers and penalize them even when carriers do not have knowledge of violations.
The Census Bureau soon will launch a fatal alert for filers in the Automated Export System if they are exporting a controlled item without a license, the agency said in a July 7 email to industry. Beginning July 13, the new feature won't allow export filings to proceed if they incorrectly list License Requirement NLR (No License Required) for shipments that require a license under the Export Administration Regulations.
The Bureau of Industry and Security's recent shift in enforcement policies and strategy could “significantly” increase risks for companies, law firms said, especially those based in the U.S. The changes could cause businesses to invest more in compliance, they said, and could lead to a more aggressive BIS enforcement posture.
Thomas Krueger, former director of strategic trade and nonproliferation on the National Security Council, has joined Akin Gump as a senior policy adviser, according to a LinkedIn post from firm partner Kevin Wolf. Krueger worked for a decade at the State Department, most recently as a senior policy adviser, before joining the NSC, where he served from 2020 to June 2022. Per his new firm, Krueger advises clients on compliance with the International Traffic in Arms Regulations and the Export Administration Regulations, along with transfer policies for emerging technologies.