What You Need to Know About EAR General Prohibition 10
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What You Need to Know About EAR General Prohibition 10

The Unverified List, the Commerce Department’s listing of foreign companies subject to restrictions on all items included in the Export Administration Regulations, has received increased attention as a result of the recent addition of 33 Chinese industrial and technology companies to the list. Read how George Thompson, International Trade Attorney, explains what the Unverified List…

Expanded Control Sanctions on Exports to Russia
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Expanded Control Sanctions on Exports to Russia

Bureau of Industry and Security recently published expanded export control sanctions on Russia and others. Industry sector controls on Russia have been extended to Belarus, and the military end-use/end-user controls have been expanded to include surreptitious suppliers to parties covered by the MEU license requirement. The BIS rule now expands the military end-user controls to…

Intertech Trading Corp. Pleads Guilty to 14 Felonies for Failure to File Export Information on Shipments of Lab Equipment to Russia and Ukraine
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Intertech Trading Corp. Pleads Guilty to 14 Felonies for Failure to File Export Information on Shipments of Lab Equipment to Russia and Ukraine

CONCORD – Intertech Trading Corporation, an Atkinson, New Hampshire-based laboratory equipment distributor, pleaded guilty in federal court to 14 felony counts of failure to file export information on shipments to Russia and Ukraine, United States Attorney Jane E. Young announced today.              According to court documents and statements made in court, between 2015 and 2019, Intertech exported…

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

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

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

First time DOJ has charged hacking as a violation of ITAR
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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 export…

First time DOJ has charged hacking as a violation of ITAR
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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 export…

ITAR Brokering Activities Demystified
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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) fitting…

DDTC Consent Agreement Highlights Technical Data Export Challenges
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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 Traffic…

Settlements for Exports of Controlled Encryption Software to Iran
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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 transcript George…

BIS Puts the Squeeze on China, Russia and Venezuela
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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 with…