What we’re talking about
A 300 million dollar penalty was imposed on Seagate Technology, LCC, by the Bureau of Industry and Security (BIS). These administrative penalties were leveled at the business’s operations in Fremont, California and Singapore and include a five-year suspended Denial Order, which if activated, would terminate the organization’s ability to conduct export business under the Export
The U.S. Government continues to impose export compliance penalties for companies that commit violations. This is the case for exports that fall under the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). These penalties can include both civil and criminal fines, imprisonment, and denial of export privileges. Penalties Under the ITAR
The International Traffic in Arms Regulations (ITAR) expands treaty exemptions for the transfer of defense articles, services, and technical data enumerated on the Munitions List. This rule, which will become effective on May 12, 2023, is in effect for transfers between the United States and Australia, the United Kingdom, and Canada. Effect of Rulemaking This
A new Department of Defense (DoD) requirement for contractors has been proposed. This would require contractors to provide applicable export authorizations when receiving certain types of government contracts. This proposed amendment to the Defense Federal Acquisition Regulation Supplement (DFARS) would empower the Defense Contract Management Agency (DMCA) to request export authorizations when contracts require Government
The Bureau of Industry and Security (BIS) addressed human rights abuses with additions to the Entity List of individuals and organizations that are enabling or engaging in human rights violations. The eleven entities added, in March of 2023, are based in China, Burma, Russia, and Nicaragua. These actions demonstrate the ongoing efforts by the Department
Microsoft export violations have resulted in multi-million-dollar penalties for the software provider. The company has made voluntary disclosures to the Bureau of Industry and Security (BIS), the Department of the Treasury’s Office of Foreign Assets Controls (OFAC), and the Department of Justice (DOJ). Most of these reported violations occurred between 2012 and 2019. These violations
The Bureau of Industry and Security (BIS) is Assessing the Civil Space Industrial Base in the United States in partnership with the National Oceanic and Atmospheric Administration (NOAA) and the National Aeronautics and Space Administration (NASA) to better understand this important supply chain network. This study will use surveys to collect data from U.S. organizations
The Department of Commerce has initiated the Disruptive Technology Strike Force which will partner the Bureau of Industry and Security (BIS) with the Department of Justice (DoJ) in the enforcement of the Export Administration Regulations (EAR). Export Administration Regulations (EAR) control the export of commodities determined to be dual-use. Dual-use items refer to commodities and
The Directorate of Defense Trade Control (DDTC) has released Export Compliance Program Guidelines to provide businesses with an overview of best practices for complying with the International Traffic in Arms Regulations (ITAR). These guidelines encourage organizations to adopt robust policies and procedures to ensure that compliance with export controls for items enumerated in the United
The Directorate of Defense Trade Controls (DDTC) Open General License (OGL) pilot program has been instituted to ease the conditions under which exports, reexports, and retransfers of unclassified defense articles may be performed between pre-approved parties. This program was started in August 1, 2022 and will continue through July 31, 2023, at which time the
The Federal Communications Commission (FCC) and Homeland Security Bureau have designated Huawei and ZTE as threats to U.S. national security. Because both Chinese companies are subject to the Chinese Communist Party, they are required by law to cooperate with China’s intelligence gathering activities. China has developed an arsenal of cyber capabilities to target U.S. information
Denied Parties Screening is an essential practice for ensuring regulatory compliance to U.S. law. Screening is performed to restrict or prohibit U.S. individuals and organizations from shipping products or providing services to parties listed on denial, debarment, and blocked persons lists. Screening applies to all businesses regardless of product or service sector. An organization is
The Directorate of Defense Trade Controls (DDTC) has restructured ITAR in an effort to streamline the regulations and clarify definitions. While no substantive changes were made to the International Traffic in Arms Regulations (ITAR), revisions in definitions may effect those under the regulation’s purview. Changes to Part 120 – Purpose and Definitions Part 120 of
The Department of Homeland Security (DHS) announced on September 14, 2020 that forced labor goods from China are now banned. The U.S. Customs and Border Protection (CBP) has issued Withhold Release Orders on products produced in China’s Xinjiang province. In a statement Acting CBP Commissioner Mark A. Morgan stated that the forced labor goods banned
The Bureau of Industry and Security (BIS) places controls on technologies pursuant to Section 1758, whose export may threaten U.S. national security and foreign policy objectives. As of May 23, 2022 the BIS announced that it would no longer classify those controlled technologies as emerging or foundational. This action is providing the agency with flexibility
Exercising export regulations due diligence involves complying to complex sets of requirements set forth by multiple U.S. government agencies. These agencies include the Bureau of Industry and Security (BIS), the Directorate of Defense Trade Controls (DDTC), the Office of Foreign Asset Controls (OFAC), and the National Nuclear Security Administration (NNSA). The International Traffic in Arms
