The State Department announced penalties on eight foreign entities and their subsidies for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act, an Aug. 9 notice said. The agency said the entities transferred items subject to multilateral control lists that contribute to weapons proliferation or missile production. The State Department barred them from purchasing items controlled on the U.S. Munitions List and by the Arms Export Control Act and will suspend any current export licenses used by the entities. The agency will also bar them from receiving new export licenses for any goods subject to the Export Administration Regulations. The restrictions will remain in place for two years from the July 29 effective date.
The House’s top Republican on the Foreign Affairs Committee introduced a bill that would impose new sanctions and export restrictions against foreign governments and people responsible for radio-frequency attacks against U.S. personnel abroad. The Havana Syndrome Attacks Response Act, introduced Aug. 3 by Rep. Michael McCaul, R-Texas, would sanction those who the president determines “knowingly directed or carried out these attacks,” which have caused brain injuries to U.S. personnel in Cuba and other countries. The bill would also require the U.S. to restrict certain exports -- including arms sales -- and export licenses for shipments to foreign governments behind the attacks. The export controls would be applied to shipments of items controlled under the Arms Export Control Act, licenses for items on the U.S. Munitions List and other exports pursuant to the Export Control Reform Act. The bill has 15 Republican co-sponsors.
A California electronics company was fined $6.6 million by the State Department’s Directorate of Defense Trade Controls after it illegally exported technical data and software to more than 15 countries, including China, DDTC said Aug. 9. DDTC said Keysight Technologies, which makes electronic test and measurement equipment and software, committed 24 violations of the International Traffic in Arms Regulations, including unauthorized exports while the companies still had an outstanding commodity jurisdiction request pending with the State Department.
The Bureau of Industry and Security sent a final rule for interagency review concerning firearms and other related articles that no longer warrant control on the U.S. Munitions List. The rule, received by the Office of Information and Regulatory Affairs July 13, would also issue corrections to those controls.
Torres Law issued a July 3 guide on the common company changes that require notifications to the State Department’s Director of Defense Trade Controls to comply with International Traffic in Arms Regulations’ registration requirements. The guide provides a checklist companies can review when they are undergoing a “material change” covered under the ITAR, including preparing a material change notification letter and updating information in the Defense Export Control Compliance System.
The State Department’s Directorate of Defense Trade Controls significantly increased its end-user checks from 2019 to 2020, partially because the agency was able to dedicate more resources to its Blue Lantern program after it transferred certain gun export controls to the Commerce Department last year. In its annual Blue Lantern report released July 6 -- which details the agency’s end-use monitoring efforts on controlled defense articles and services -- DDTC said it initiated checks on 272 export licenses or applications during the 2020 fiscal year, an increase of more than 45% from 2019.
International trade lawyer Matt Lapin joined Porter Wright as a partner in the firm's Washington office, according to a June 28 press release. Lapin, previously with Torres Law, brings with him experience on export controls and international trade law, including compliance efforts with the International Traffic in Arms Regulations and Export Administration Regulations. He also advises on the Foreign Corrupt Practices Act and other domestic and international anti-bribery laws.
The State Department’s Directorate of Defense Trade Controls will perform scheduled maintenance on its Defense Export Control and Compliance System 10 a.m. to 2 p.m. EDT June 26, the agency said in a June 24 notice. Applications will be available during this time, but users “may experience disruptions,” DDTC said. The agency said users should access the system at a later time if “functionality” is affected.
The State Department published its spring 2021 regulatory agenda, including a new mention of an interim final rule that will seek industry feedback on new export controls for critical and emerging technologies (see 2105200061). The State Department said it will ask for comments on the “technology frontier” to help the agency identify “specific technology capabilities” that have evolved enough to warrant revisions to the International Traffic in Arms Regulations. The agency will use the comments to revise and exclude entries on the U.S. Munitions List and to “add entries for critical and emerging technologies.” The State Department plans to issue the rule in October.
Two U.S. citizens and three foreign nationals were indicted by a federal grand jury in Los Angeles for conspiring to illicitly ship defense articles to Russia, the Department of Justice said in a June 21 news release. The goods, allegedly exported without a license in violation of the Arms Export Control Act, include thermal imaging riflescopes and night-vision goggles. The five allegedly obtained the items using false names and addresses, then shipped the articles to Russian co-conspirators, DOJ said. The nightscopes and goggles are regulated under the International Traffic in Arms Regulations, making their illegal exportation a violation of the AECA. Elena Shifrin of Mundelein, Illinois, and Vladimir Pridacha of Volo, Illinois, were arrested June 17 for their roles in the nearly four-year scheme. The other defendants are Boris Polosin of Russia, Vladimir Gohman of Israel and Igor Panchernikov, an Israeli national residing in Corona, California, during much of the scheme.