The Bureau of Industry and Security fined Forta, a U.S. synthetic fiber manufacturer, $44,750 after the company violated BIS’ antiboycott regulations. Forta voluntarily disclosed the violations, which included providing its freight forwarder ahead of a trade show in Abu Dhabi with certifications that its products weren’t made with Israeli labor or raw materials.
The Bureau of Industry and Security last week completed rounds of interagency review for two rules, including one that could make changes to a license exception in the Export Administration Regulations.
The House on Nov. 1 voted 363-46 to pass a bill that would impose sanctions on any person, entity or state that offers financial or material support to Hamas and its affiliates. Along with financial sanctions, the bill calls on the president to block exports of any item on the U.S. Munitions List or Commerce Control List to any foreign state that provides support or “engages in a significant transaction” with Hamas, the Palestinian Islamic Jihad, Al-Aqsa Martyrs Brigade, the Lion’s Den or “any affiliate or successor thereof.” The administration would also have to submit regular reports to Congress detailing the “disposition of the assets and activities” of those groups, a list of foreign states knowingly giving them support and more. The legislation includes certain exceptions, including for humanitarian aid.
The U.S. this week announced a spate of new Russia-related sanctions and export controls, targeting people and companies supplying Russia’s military, aiding its defense industrial complex or operating in various Russian financial, metals, government and procurement sectors. The measures include additions to the Commerce Department’s Entity List and more than 200 combined sanctions by the Treasury and State departments targeting businesses in China, the United Arab Emirates and elsewhere for sending export-controlled components to Russia.
The Commerce Department again renewed a temporary export denial order for Mahan Airways because the airline continues to violate the order and the Export Administration Regulations. Mahan Airways has been on the banned list since 2008, and Commerce in its Oct. 31 notice said the Iranian airline has continued flights between Iran and Iraq, Russia, China and Pakistan in violation of U.S. export controls. BIS also highlighted its "continued investigation" into Mahan’s recent acquisition of an Airbus A340 with Iranian tail number EP-MJA, which the agency said had flown between Tehran and Moscow as recently as Oct. 25.
The Bureau of Industry and Security added 13 entities from Russia and Uzbekistan to its Entity List for helping Russia procure and develop unmanned drones. The entities, listed in a final rule effective Nov. 2, are subject to license requirements for all items subject to the Export Administration Regulations, and licenses will be reviewed under a policy of denial, apart from certain food and medicine. The entities are also subject to licensing restrictions under the BIS Russia/Belarus-Military End User Foreign Direct Product rule.
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Forwarders should think carefully before they file an export license application on behalf of a customer, a service that could make the forwarder liable in case of an export violation, said Tirrell McKnight, an official with the Bureau of Industry and Security's western regional office. McKnight suggested export application services should only be offered by forwarders who are confident in their export compliance, know their customers well and “want to take on that liability.”
The Bureau of Industry and Security recently published a set of frequently asked questions to provide guidance for exports to Israel. BIS said it’s able to expedite certain Israel-related export applications in light of the ongoing war in the region. It said the Palestinian territories of Gaza and the West Bank aren't recognized as separate destinations from Israel under the Export Administration Regulations, so items that require a license for Israel also need a license for those Palestinian territories.
The State and Commerce departments are frequently seeing illegal exports of controlled items, including technical data, by companies that aren’t classifying their products correctly and may not realize they need a license.