Skip to content

Export Controls

Sentenced to Federal Prison for Attempting to Smuggle Items Out of the U.S.

Sentenced to Federal Prison – Smuggle Items Attempt Out of the U.S. Without the Required Export License

Owner of Maryland Export Business Sentenced to Federal Prison for Attempting to Smuggle Items Out of the U.S. Without the Required Export License   Baltimore, Maryland – U.S. District Judge George L. Russell, III today sentenced Jorge Orencel, age 65, of Silver Spring, Maryland, to six months in federal prison, followed by one year ofRead More »Sentenced to Federal Prison – Smuggle Items Attempt Out of the U.S. Without the Required Export License
Export Controls Aircraft Private and Public

Commercial and Private Aircraft Exported to Russia in Apparent Violation of U.S. Export Controls

The U.S. Commerce Department, through its Bureau of Industry and Security (BIS), publicly identified commercial and private aircraft that have flown into Russia in apparent violation of the Export Administration Regulations (EAR).  In so doing, BIS is notifying the public that providing any form of service to these aircraft requires authorization. Absent such authorization, anyRead More »Commercial and Private Aircraft Exported to Russia in Apparent Violation of U.S. Export Controls
New Export Controls to Combat Malicious Cyber Activities

U.S. Department of Commerce Implements New Export Controls to Combat Malicious Cyber Activities

Key Points On March 7, 2022, new U.S. export controls applicable to “cybersecurity items” took effect based on an interim final rule published by BIS on October 21, 2021 (the “Cyber Rule”). The controls under the Cyber Rule are complex because they restrict exports intended for malicious cyber activities and to certain countries and governments, butRead More »U.S. Department of Commerce Implements New Export Controls to Combat Malicious Cyber Activities
ITAR VIOLATION

First time DOJ has charged hacking as a violation of ITAR

In a keynote address at the Global Investigations Review Connect: New York conference on October 5, Principal Associate Deputy Attorney General John Carlin provided insights into future Department of Justice (“ DOJ ” or the “Department”) corporate enforcement. Of particular note, and which has been largely unnoticed, Carlin highlighted the Department’s heightened focus on sanctions and exportRead More »First time DOJ has charged hacking as a violation of ITAR
USA ITAR

ITAR Brokering Activities Demystified

Part 129 of the International Traffic in Arms Regulations (“ITAR”) requires certain persons engaged in “brokering activities” to register with and pay a fee to, the U.S. Department of State Directorate of Defense Trade Controls (“DDTC”). ITAR Part 129.2 broadly defines “broker” as any person engaging in “brokering activities” (discussed in greater detail below) fittingRead More »ITAR Brokering Activities Demystified
DDTC TECH DATA EXPORT

DDTC Consent Agreement Highlights Technical Data Export Challenges

It’s my long-held position that technology controls present the most challenging export compliance challenge. Last month’s consent agreement between the Directorate of Defense Trade Controls and Honeywell International illustrates my point quite well. As we’ll discuss, Honeywell fell into three of the most common traps for unauthorized exports of controlled information. Companies subject to the International TrafficRead More »DDTC Consent Agreement Highlights Technical Data Export Challenges
night image of network of lights with buildings in the background Settlements Exports Controlled - Software Encryption

Settlements for Exports of Controlled Encryption Software to Iran

OFAC and BIS regulations SAP, a German multinational software corporation with a significant U.S. presence, recently settled allegations that it violated OFAC and BIS regulations concerning exports of software, upgrades, and patches from the United States to Iran and Iranian companies.  The settlement amounts totaled in excess of $6.4 million.   In the following transcriptRead More »Settlements for Exports of Controlled Encryption Software to Iran
EAR

BIS Puts the Squeeze on China, Russia and Venezuela

Amendments to the Export Administration Regulations may seem so dry and pedantic to non-specialists. The bureaucratic jargon, references to dry-as-dust sub-subsections, and wooden prose can mask legal changes with important consequences. I’ll leave it to you, Gentle Readers, to consider whether the Bureau of Industry and Security’s three new and proposed rules restricting trade withRead More »BIS Puts the Squeeze on China, Russia and Venezuela
Personal Protection

Export Controls on Personal Protection Equipment and Exceptions

Around the same time the Food and Drug Administration was loosening import requirements for such Personal Protection Equipment as masks and respirators, the Federal Emergency Management Agency imposed export controls on many of the same items. FEMA’s Temporary Final Rule limits exports of N95 filtering facepiece respirators, other filtering facepiece respirators, elastomeric, air-purifying respirators and appropriate particulateRead More »Export Controls on Personal Protection Equipment and Exceptions

The Meaning of Export Controls-Part2

Export Controls: Denied Parties  With concerns about the unauthorized and/or inappropriate transfer of technology, products, and information to individuals or entities within or beyond US borders, the US Government established laws and regulations, known as export controls, to restrict such transfer. The government regulates the export of sensitive information, physical equipment, and software and technology to promote foreign policy objectives and promoteRead More »The Meaning of Export Controls-Part2