The U.S. and Great Britain are hosting the International Strategic Trade Controls and Border Security Conference in Edinburgh this week, at which more than 85 countries will discuss “dual-use and conventional arms policy, licensing, and enforcement to promote” to improve trade controls, the State Department said. The conference is focusing on chemical weapons, technology and equipment proliferation, the State Department said, and will stress the importance of updating controls on chemicals. The countries will also discuss challenges of “targeting, identifying, inspecting, and interdicting” illegal chemical shipments.
It is “impossible” for U.S. exporters to fully comply with Commerce Department restrictions on transfers within China because Chinese courts do not enforce the restrictions, according to an Oct. 13 post by Harris Bricken.
Jaguar Imports of Orlando, Florida, will pay a $98,000 civil penalty to the Commerce Department's Bureau of Industry and Security as part a settlement with the agency over unlicensed exports to Colombia, Mexico and Canada, BIS said in an Oct. 9 notice. The company is said to have illegally exported pepper spray, stun guns, handcuffs and police batons to the countries between 2015 and 2017, BIS said. The items were classified on the Commerce Control List and valued at about $35,355, the agency said. As part of the settlements Jaguar Imports "shall not take any action or make or permit to be made any public statement, directly or indirectly, denying the allegations." If the company fails to comply with the agreement, Jaguar Imports may see its export privileges denied, the agency said. The BIS order is effective Oct. 9, it said.
A U.S. website infrastructure company said it may have violated U.S. sanctions and export reporting requirements, according to its regulatory filing with the Securities and Exchange Commission. Cloudflare, based in California, told the SEC it voluntarily disclosed possible export and sanctions violations to the Bureau of Industry and Security and the Office of Foreign Assets Control this year. The violations included submitting “incorrect information” about hardware exports to Commerce and receiving payments from people and entities on OFAC’s Specially Designated Nationals List.
An interim final rule involving International Traffic in Arms Regulations definitions for activities that aren’t classified as exports, re-exports or transfers is under review by the Office of Information and Regulatory Affairs, the OIRA said in a Sept. 10 notice. The rule aims to amend the ITAR to create definitions for several activities, including launching items into space, “providing technical data” to U.S. people either in the U.S. or in a “single country abroad,” and moving defense goods between U.S. states, according to the OIRA. The definitions would also remove requirements related to the “electronic transmission and storage of unclassified technical data via foreign communications infrastructure when the data is secured sufficiently to prevent access by foreign persons,” the OIRA said.
President Donald Trump’s order to reduce the number of advisory committees will not affect Commerce’s committees involved with export controls reform, a top Commerce official confirmed. The executive order, issued in June, directed the executive branch's departments and agencies to cut down their advisory boards by one-third by Sept. 30. Speaking during a Sept. 5 Materials Technical Advisory Committee, Rich Ashooh, Commerce’s assistant secretary for export administration, confirmed that several Commerce committees dealing with export controls are safe because they are authorized by (see 1908080033) the Export Control Reform Act.
Britain's Department for International Trade updated its guidance on special rules for exporting military or dual-use goods, including when exporters need a license, various required forms and how the U.K. determines whether to approve a license, according to an Aug. 30 notice. The guidance also includes information on how to export dual-use goods if the U.K. leaves the European Union without a deal.
The Commerce Department's Bureau of Industry and Security issued a guidance for exports, re-exports and transfers to Pakistan, covering license requirements for items subject to the Export Administration Regulations and best practices for screening Pakistani customers.
The United Kingdom’s department of Revenue and Customs on June 10 submitted written evidence to an inquiry from the U.K.’s Committee on Arms and Export Controls. The questions and answers document includes details on how the department determines enforcement penalties for export violations, how the department decides when to proceed with certain cases, the department’s “high vacancy rate” among staff and more. The department also addressed why it only conducted six “full criminal investigations” of a total of 652 "preliminary assessments" of potential breaches of export controls in 2016, difficulties in investigating end-user violations and what plans it has for preparing U.K. export controls after Brexit.
Secretary of State Mike Pompeo dismissed the notion that the Trump administration has sent mixed messages on Huawei, saying the president’s plans have “been unambiguous.” Pompeo’s comments came days after Trump said the U.S. would not be extending a temporary general license for Huawei, followed by the Commerce Department extending the license for 90 days (see 1908190039).