The Bureau of Industry and Security last week fined two defense companies close to $100,000 combined to resolve their violations of the agency’s antiboycott regulations. The agency fined Arizona-based defense weapons systems manufacturer Profense $48,500 and Washington-based defense contractor B.E. Meyers & Co. $44,750 after they complied with requests from freight forwarders to certify that their goods weren’t Israeli origin.
A Puyallup, Washington, resident who illegally exported optical magnifiers to South Korea agreed to export compliance training as part of a settlement agreement announced by the Bureau of Industry and Security this week. If Jaeyoun Jung doesn’t complete the training, he may be subject to a two-year temporary denial order, BIS said.
A new rule change by the Bureau of Industry and Security will subject a broader range of chemical mixtures to declaration requirements, including for export or import. The revisions, outlined in a final rule that takes effect July 3, lowers the concentration threshold level at which mixtures containing certain controlled chemicals are subject to the declaration requirements. The change brings the U.S. Chemical Weapons Convention Regulations “into further alignment” with guidelines adopted by the Organization for the Prohibition of Chemical Weapons in 2009, which established the lower concentration threshold limit for certain chemicals.
The Bureau of Industry and Security this week removed a Russian tour company from a temporary denial order imposed against Nordwind Airlines, a Russian airline that BIS said illegally operates aircraft on flights into and out of the country.
Chip company ASML Netherlands may refuse job applicants who may not be able to comply with U.S. export regulations, an independent Netherlands human rights monitor ruled this month, saying the refusal doesn't violate Dutch anti-discrimination laws. The monitor said ASML is justified in not hiring applicants from certain countries to positions where they could access U.S.-controlled dual-use technologies, according to an unofficial translation of the judgment, otherwise ASML could face “major risks of sanctions” from the U.S.
The Bureau of Industry and Security is considering tweaking regulatory language that calls on exporters to conduct a five-year review of activities that preceded their voluntary self-disclosures. The change could make it so the language only applies to more serious disclosures, said the top BIS export enforcement official, Maththew Axelrod, and would represent another step in the agency’s effort to draw more BIS and industry resources toward addressing significant violations as opposed to minor or technical ones.
The Department of Defense recently released a new set of recommendations designed to speed up military goods exports under its Foreign Military Sales program, an initiative long requested by defense companies. DOD said the recommendations highlight “key FMS pressure points” and are aimed at “breaking historical inefficiencies in the United States' transfer of defense articles and services to foreign allies and partners.”
Although the Bureau of Industry and Security last month said it doesn’t have a draft rule in place to increase export licensing requirements for Huawei, exporters would be wise to still expect a tightening of restrictions against the Chinese telecommunications company, industry officials said this week. They also didn’t rule out BIS soon increasing export controls against China in other ways, including by potentially adding more items to the scope of its military end-use and end-user (MEU) rule requirements.
The Bureau of Industry and Security added 43 entities to the Entity List this week, including companies conducting various activities that either support China’s military or allow the government to “carry out human rights abuses.” Other entities were added for supporting Pakistan’s ballistic missile program or other weapons capabilities.
The Bureau of Industry and Security added 43 entities in China, Kenya, Laos, Malaysia, Pakistan, Singapore, South Africa, Thailand, the United Arab Emirates and the U.K. to the Entity List for either supporting China’s military, supporting the government's human rights abuses or supporting Pakistan’s weapons capabilities. The additions, outlined in a final rule effective June 12, impose license requirements for all items subject to the Export Administration Regulations. The agency also removed one entity from the list.