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Overview of Export Law

Common areas in the practice of Export law include:

BIS/OFAC Administered Export Controls

  • Commodity Jurisdiction issues

  • Licensing issues

  • Deemed Export issues

Sanctions and Denied Parties issues

Anti-boycott issues

Voluntary Disclosures of export violations

Penalty defense

Curated news:

May 2, 2019: OFAC: Guidance: A Framework for OFAC Compliance Commitments

April 2019: OFAC:: settlements with three UniCredit Group Banks totaling $661 million

April 2019: OFAC: settlement with Standard Chartered Bank for $639 million.

March 27, 2019 : Export Enforcement: OFAC announced in which a Chinese subsidiary caused “23 shipments of power tools and spare parts to Iran with a total value of more than $3.2 million” in a scheme that involved “using six trading companies (4 United Arab Emirates companies and 2 Chinese companies) and fake bills of lading with incorrect ports of discharge and places of delivery.” Settlement here.

March 21, 2019: DOJ: Australian National Sentenced to Prison Term For Exporting Electronics to Iran.

February 2019: OFAC: designation of an individual as a "Foreign Sanctions Evader." Turkish national managing director of a newly acquired Turkish subsidiary of Kollmorgen Corp was primarily responsible for causing and concealing the subsidiary's Iran sanctions violations. OFAC settlement

February 10, 2019: OFAC: settlement with AppliChem GmbH for $5 million

February 1, 2019: DOJ: Announcement that Honda Aircraft alleged violated the Immigration and Nationality Act’s anti-discrimination provision (8 U.S.C. § 1324b) by publishing job announcements stating that only U.S. citizens or lawful permanent residents would be considered for employment in roles involving technical data and technology subject to the International Traffic in Arms Regulations (“ITAR”) or the Export Administration Regulations (“EAR”). Case settlement.

January 31, 2019: DOJ: Enforcement against cosmetics importer regarding eyelash kits tied to North Korea. Due to a prompt voluntary self disclosure and remedial actions, the settlement penalty was reduced from a maximum $40 million, to approximately $1 million. This represents a first public enforcement fine for a violation of the Countering America's Adversaries Through Sanctions Act (CAATSA), as it applies to North Korean labor under the North Korean Sanctions Regulations (NKSR). 

January 24, 2019: BIS: $17 million in penalties assessed on 166 counts of export control violations.

January 30, 2018: DIUx Report: China’s Technology Transfer Strategy. (Signal for policy changes ahead?)

December 20, 2018: OFAC: China-based Yantai Jereh Oilfield Services Group: concurrent enforcement action with the U.S. export control authorities.

November 19, 2018 : BIS: ANPRN: Review of Controls for Certain Emerging Technologies.