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.
Export Compliance Daily is providing readers with some of the top stories for Sept. 9-13 in case they were missed.
The Commerce Department asked a federal court to dismiss a lawsuit filed by FedEx that said Commerce’s export controls are unconstitutional and impossible to comply with, according to a motion filed Sept. 10. Commerce raised several issues with FedEx’s suit (see 1906250030), saying the company did not “allege a plausible violation” of the Export Control Reform Act, and argued that FedEx failed to provide evidence for many of its points. “Even if these standards were judicially enforceable, FedEx’s allegations are conclusory,” Commerce said.
The Commerce Department Bureau of Industry and Security issued two sets of Frequently Asked Questions involving Huawei and the extension of its temporary general license, including information on what changes came with the extended license, which transactions are covered and more. But the agency did not say whether it planned to again renew the temporary general license when it expires Nov. 18. “Any decision to renew the Temporary General License will be made at the sole discretion of the U.S. Government,” BIS said.
U.S. export controls are confusing, burdensome and often place U.S. companies at a disadvantage compared with foreign competitors, the American Chamber of Commerce in Shanghai said in an Aug. 29 report.
The Treasury’s Office of Foreign Assets Control published the Nicaraguan Sanctions Regulations, detailing what transactions are blocked and exempted and listing penalties for violations of the sanctions, OFAC said in a notice. The agency said it plans to release a “more comprehensive” guidance, general licenses and policy statements about the regulations. The sanctions take effect Sept. 4.
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.
Commerce's Bureau of Industry and Security issued a guidance on Aug. 20 about the disclosure of technology or software subject to export controls “between and among members of standards setting or development groups or bodies.” BIS said it issued the guidance after receiving “a number of questions” about the temporary general license for Huawei and the Chinese company’s addition to the Entity List. The guidance tries to clarify which activities are prohibited among standards organizations when discussing Huawei and its Entity Listing.
Commerce’s Bureau of Industry and Security on Aug. 19 renewed the temporary general license for Huawei and added 46 more of the company’s non-U.S. affiliates to the Entity List, bringing the total number of impacted Huawei affiliates to more than 100.