The Trump administration completed its review of its final rule to move export controls of firearms from the State Department to the Commerce Department, clearing the way for the regulatory changes to potentially be completed this year.
The State Department plans to publish its guidance for exports of surveillance technology by early January and will make several changes based on industry comments, officials said. Changes include the elimination of a “kill switch” suggestion and an effort to revise the definition for “surveillance,” which some companies complained was too broad.
A Florida resident was arrested for trying to illegally export dual-use goods to Libya, the Justice Department said in an Oct. 30 press release. Peter Sotis was charged with violations of the International Emergency Economic Powers Act and the Export Administration Regulations.
The Commerce Department's Bureau of Industry and Security is amending the Export Administration Regulations to further restrict exports and re-exports to Cuba, BIS said in a notice. The amendments change BIS licensing policies and exceptions for certain aircrafts and vessels, establish a 10 percent de minimis level for Cuba, make the Cuban government ineligible for certain donations and clarify the scope of unlicensed telecommunication items the Cuban government can receive. The Office of Information and Regulatory Affairs recently said it completed its review of the rule (see 1910150041)
FedEx urged a court to deny the Commerce Department’s motion to dismiss FedEx’s June lawsuit against the agency, saying Commerce’s points were invalid, court records show. FedEx’s original suit alleged Commerce’s export controls were “unconstitutional,” “impossible to comply with” and placed an “overbroad, disproportionate burden” on FedEx (see 1906250030). Commerce responded in September by asking the court to dismiss the suit because it said it was a political matter, was precluded from judicial review under the Export Control Reform Act, and that FedEx did not raise a “patent violation” and did not meet the conditions to file a due process claim (see 1909110073).
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.
Export Compliance Daily is providing readers with some of the top stories for Sept. 30 - Oct. 4 in case they were missed.
The Commerce Department's Bureau of Industry and Security added 28 entities to its Entity List for their involvement in human rights violations of China’s Uighur population, BIS said Oct. 7. The entities include Xinjiang Uighur Autonomous Region People’s Government Public Security Bureau, 18 of its subsidiaries and eight China-based technology and science companies, including Hikvision, a major supplier of video surveillance products. The announcement takes effect Oct. 9.
The Department of Commerce denied a man export privileges after he was convicted of violating the International Emergency Economic Powers Act, Commerce said in a Sept. 30 notice. Kenneth S. Chait illegally exported “ceramic metal triggered spark gaps, also known as nuclear triggered spark gaps,” listed on the Commerce Control List. Chait was convicted November 13, 2018, and sentenced to one year and one day in prison, two years of supervised release and a $100 fine, the notice said. Commerce revoked Chait’s export privileges for five years from his date of conviction.
A Senate bill would increase export controls on electronic waste and ban exports and re-exports of the waste without a government authorization. The bill, S. 2448, introduced Sept. 9, would also require any approved electronic waste exports to only be exported for “reclamation, recall, or reuse.” Exporters would also have to file certain information in the Automated Export System, including a description and quantity of the exempted waste, the name of each country that will receive the waste, the name of the ultimate consignee and documentation that proves the consignee has “the necessary permits, resources, and competence to manage the exempted electronic waste items,” the bill said. Violators of the proposed regulations would face the same penalties as violators of the Export Administration Regulations. The bill is aimed at preventing the waste from becoming “the source of counterfeit goods that may reenter military and civilian electronics supply chains” in the U.S.