Archive for the ‘EAR’ Category
Tuesday, January 3rd, 2012 by Holly Thorne
Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category VIII
As part of the President’s Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Category VIII (aircraft and related articles) of the U.S. Munitions List (USML) to describe more precisely the military aircraft and related defense articles warranting control on the USML.
The Department of State will accept comments on this proposed rule until December 22, 2011.
Source: http://www.gpo.gov/fdsys/pkg/FR-2011-11-07/html/2011-28502.htm
Posted in EAR, ITAR | Comments Off
Tuesday, January 3rd, 2012 by Holly Thorne
The Bureau of Industry and Security (BIS) publishes this final rule to amend certain requirements in the Export Administration Regulations (EAR) that apply to the Principality of Liechtenstein (Liechtenstein). In this final rule, BIS aligns license requirements and licensing policy under the EAR for Liechtenstein with those for Switzerland. As a result, for purposes of the EAR, Liechtenstein will be treated the same as Switzerland.
By virtue of a Customs Union Treaty with Switzerland, Liechtenstein has adopted the export controls implemented under Swiss law, including controls equivalent to those prescribed under multilateral regimes, and has authorized Switzerland to administer and enforce export controls within Liechtenstein’s territory. As a result of this arrangement, Liechtenstein and Switzerland serve as one territory for customs and export purposes. Having recently been made aware of the full scope of this arrangement and its consequences on export controls, BIS has determined that it is appropriate to codify the treatment of Liechtenstein and Switzerland as one territory for purposes of the EAR. This treatment of Liechtenstein is consistent with the effort of the United States to streamline licensing requirements where export controls prescribed by the multilateral regimes are implemented. This rule is effective November 14, 2011.
Source: http://www.gpo.gov/fdsys/pkg/FR-2011-11-14/html/2011-29357.htm
Tags: BIS, EAR, Liechtenstein
Posted in BIS, EAR | Comments Off
Monday, August 29th, 2011 by Holly Thorne
The Bureau of Industry and Security has amended the Export Administration Regulations (EAR) adding controls on exports and reexports to the Republic of South Sudan. The controls that continue to apply to Sudan under the EAR will not apply to the new seceded state. The addition of the new country to the EAR reflects the results of a Southern Sudanese referendum commission vote made earlier this year, resulting in the new Republic of South Sudan splitting away from Sudan to establish its own country.
President Obama announced the intention of the United States to formally recognize the Republic of South Sudan as a sovereign state in July 2011, which comes six years after the Government of the Republic of the Sudan and the Sudan People’s Liberation Movement signed the Comprehensive Peace Agreement (CPA), ending the country’s 22-year civil war.
The US has had a strict embargo on the country for quite some time due to alleged ties with Egyptian Islamic Jihad and al-Qaeda. These restrictions date back to 1979 when the Department of Commerce imposed anti-terrorism controls on Sudan under the Export Administration Act.
In August 1993, Secretary of the State Warren Christopher designated Sudan as a state sponsor of terrorism and in late 1997 President Clinton issued an Executive Order prohibiting transactions with Sudan and imposing comprehensive economic sanctions due to their support for international terrorism.
For more information:
http://www.gpo.gov/fdsys/pkg/FR-2011-07-13/html/2011-17607.htm)
Tags: export regulations, New EAR rule, Republic of South Sudan
Posted in EAR, Sudan | Comments Off
Wednesday, July 13th, 2011 by Anna Barone
The Export Administration Regulations (EAR) have been revised by the BIS to implement changes made to the Wassenaar Arrangement’s List of Dual Use Goods and Technologies, maintained and agreed to by governments participating in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual Use Goods and Technologies at the December 2009 WA Plenary Meeting.
(more…)
Posted in EAR, Hardware, Information Technology, Software | No Comments »
Wednesday, July 13th, 2011 by Anna Barone
By John Black
In the June 16, 2011 Federal Register, the Bureau of Industry and Security (BIS) created License Exception Strategic Trade Authorization (STA) in the Export Administration Regulations (EAR). At the heart of STA is the determination that requirements for export/reexport licenses issued by BIS are not the best way to serve the interests of US export control policy. The US Government apparently has determined that for the many of exports of many of the controlled items on the Commerce Control List (CCL), creating a License Exception STA information/paper trail between senders and recipients of controlled items serves US export control policy more effectively than requiring export or reexport licenses for those transactions.
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Posted in BIS, CCL, EAR | 2 Comments »
Tuesday, July 5th, 2011 by Danielle McClellan
| Basic Purpose
Responsible for the administration of customer service issues, customer communications and customer requests and orders on a daily basis. Maintain and ensure integrity of all customer data in the business systems, including customer property, orders and associated dollars. Assure that all customer requests for quotes are properly managed in the PTS system. Responsible for maintaining and ensuring accurate backlog, orders, and market segmentation data. |
| Position Specification |
Education/Experience
- An Associates or Bachelors degree with a minimum of 5 years related industry work experience.
- Solid understanding of military and commercial export compliance regulations.
- Demonstrated ability to effectively and professionally communicate with all levels in the organization, vendors and customers.
- Understanding of pricing models.
- Proven negotiation skills.
- Strong verbal and written communication skills.
- Strong computer skills with working knowledge of MS Office and Access.
- Proven team-work capabilities and experience.
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Additional Requirements
- Understanding of the Fourth Shift or Syteline ERP system.
- Able to handle and resolve customer complaints and problems and escalate when required.
- Willing and able to develop long-term relationships internally and externally.
- Attention to detail.
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| Functional Scope
The Customer Service Representative provides support to both the internal and external customers of the company. This position plays an active role in the maintenance and management of the various business systems. Success in this role will require a proactive approach and the ability to create and implement process improvements to ensure that the systems and processes are as robust as possible to provide superior service to the customers.
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| Duties and Responsibilities
- Responsible for the accurate and timely management of all sales order activity.
- Ensure all sales data is accurate and complete in order to maintain order, market and backlog reporting integrity including schedule and associated dollars.
- Responsible for raising export compliance concerns to the DECA or DECA backup when required.
- Serves as a central point of contact for customer inquiries. Provides customers with updated order and delivery status.
- Responsible for inputting data (RFQs, pricing, status, etc) into the PTS (Proposal Tracking System) and ensuring that all data is accurate and complete and up to date.
- Provides engineering with request for quote information required to initiate estimating process.
- Performs contract review and order acceptance process. Controls and maintains master contracts/ purchase order files.
- Assists with the configuration control process.
- Performs the EDI transaction conversion to the business system. Tracks changes in delivery dates, prices and handles terminations.
- Maintains customer information in the various business systems.
- Responsible for disseminating Terms and Conditions, special shipping instructions, configuration changes and quality requirements throughout the organization.
- Assists accounting with invoicing and collection issues.
- Review Customer Scorecards.
- Perform other duties as required by the business and as instructed by supervisor.
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| Essential Functions of Position
Interpersonal Skills
- Must be able to communicate clearly and effectively with all levels of personnel within the organization and the customer.
- Must be able to communicate orally and/or in writing as to work requirements, work in progress, and/or work completion
- Must be able to follow complex instructions and/or directions. May require ability to decide on a course/sequence of action
Schedule and Planning
- Must be able to schedule and organize time effectively to satisfactorily complete assigned tasks and functions.
Physical Effort
- Minimal physical effort
- May be required to travel occasionally to customer premises or corporate office.
- Operate personal computer.
Working Conditions
- Primarily work in office areas with exposure to shop floor.
- Generally responsible for the safety and clean up of own work area.
Disclaimer
- The above information on this job description has been designed to indicate the general nature and level of work performed by employees within this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibility and qualification required of employees assigned to this job.
Contact Pamela R. Daly regarding this position at:
Barnes Aerospace
169 Kennedy Rd
Windsor, CT 06095
P: 860-687-5270
F: 401-228-0823
pdaly@barnesaero.com
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Posted in BIS, Commerce Dept, DDTC, Defense Trade Controls, EAR, Export License, Jobs/Careers, Jobs/Careers, OFAC, Sanctions, State Dept, State Dept, USA Regulations | Comments Off
Tuesday, May 3rd, 2011 by Anna Barone
Mr. Manjou Bhayana of Pittsburgh, PA received a letter on January 15, 2010, charging him with the following violations of the Export Administration Regulations (EAR):
- Causing, Aiding or Abetting a Violation of the Regulations
- False Statement Made to BIS During an Investigation
Specific facts, related to charges:
- SparesGlobal, Inc., of Pittsburgh, PA, exported graphite rods and pipes from the United States on or about December 2, 2003 with Bhayana as SparesGlobal’s primary sales contact for this transaction.
- During the transaction, Bhayana was in contact with the U.S. company that supplied the graphite rods and pipes for the transaction, Ameri-Source, Inc.
- The transaction documentation, sent by Bhayana included a mill test certificate certifying that the graphite being exported met the specifications for a type of graphite (CS grade extruded graphite) produced by UCAR Carbon Company
- Bhyana admitted that the exported graphite rods were not UCAR graphite and were not produced by UCAR/GrafTech.
- During a BIS investigation concerning this export transaction, in a September 7, 2004 email that he sent to a BIS Special Agent, Bhyana denied having any knowledge of the origin of the mill test certificate.
- When Respondent handed the file and the mill test certificate to the BIS Special Agents on or about November 3, 2004, he knew the certificate
- Had been created at Ameri-Source and not by UCAR/GrafTech or any UCAR/GrafTech affiliate.
- Contained false and misleading information
- Contained false, inaccurate, and/or misleading information.
Sanctioning Options:
- A civil penalty
- A denial of export privileges under the Regulations
- An exclusion from practice.
Mitigating Factors:
- The party self-disclosed the violations (given great weight).Show citation box
- The party created an effective export compliance program (given great weight)
- The violations resulted from a good-faith misinterpretation.
- The export would likely have been granted upon request.
- The party does not have a history of past export violations.
- The party cooperated to an exception degree during the investigation.
- The party provided substantial assistance in the BIS investigation.
- The violation did not involve harm of the nature the regulations were intended to protect.
- The party had little export experience and was not familiar with the requirement.
Aggravating Factors:
- The party deliberately hid the violations (given great weight).
- The party seriously disregarded export responsibilities (given great weight).
- The violation was significant in view of the sensitivity of the item (given great weight).
- The violation was likely to involve harm of the nature the regulations intended to protect.
- The value of the exports was high, resulting in need to serve an adequate penalty for deterrence.
- Other violations of law and regulations occurred.
- The party has a history of past export violations.
- The party lacked a systematic export compliance effort.
Sanction:
- Two year denial of export privileges- While Respondent has pointed to mitigating factors that apply, including his otherwise clean exporting history and the non-sensitive nature of the parts he was exporting, the two year denial of export privileges is most appropriate.
Additional information available: http://www.federalregister.gov/articles/2011/04/05/2011-7847/manoj-bhayana-respondent-final-decision-and-order#p-7
Posted in EAR, Sanctions, USA Regulations, Violations & Fines | Comments Off
Monday, April 4th, 2011 by John Black
The risks of fines of hundreds of thousands — or even millions — of dollars for violations make export compliance important. The complicated, arcane, and voluminous regulations that impose incredible burdens on your day-to-day business activities make export compliance difficult. A thorough and effective multi-level company training program makes a reasonable level of export compliance achievable.
A company needs three levels of training (more…)
Posted in BIS, CCL, Commerce Dept, Commerce Dept, DDTC, Defense Trade Controls, Defense Trade Controls, Denied & Restricted Parties, Denied & Restricted Parties, DOJ, EAR, ITAR, OFAC, State Dept, Treasury Dept | Comments Off
Friday, February 18th, 2011 by Danielle McClellan
After being convicted of 14 violations of the EAR, Yuri I. Montgomery a/k/a Yuri Malinkovski has been charged with a civil penalty of $340,000 of which $322,500 has been suspended. The remaining $17,500 will be paid by Yuri in 12 installments of $1,458. Now this may seem like Yuri got off easy, but he also received the death penalty. For a period of 30 years Yuri Montgomery is a “Denied Person” so no one can act for him, on behalf of him, represent him, even his agents and employees cannot participate in any activities subject to the Regulations.
More information available at: http://edocket.access.gpo.gov/2010/2010-32563.htm
Posted in BIS, CCL, EAR, Export License, Violations & Fines | Comments Off
Friday, February 18th, 2011 by Danielle McClellan
Bruce Leeds, Esq. has been named President of the “Women in International Trade-Los Angeles” for 2011. Now you may be asking if this is a typo or some sort of oxymoron, well it’s not. The organization actually represents both men and women, but I have to wonder why they don’t just call themselves the “Men and Women in International Trade.”
Bruce says: “Although it may seem unusual that a male will be President of WIT-LA, it emphasized the point that the organization represents all the people involved in export-import trade and regulations. I look forward to working with a very talented board of directors of both genders and many different backgrounds, to create valuable programs that serve the trade community.”
Website: http://www.wit-la.org/index.asp
Posted in BIS, CCL, Commerce Dept, DDTC, Defense Trade Controls, EAR, Jobs/Careers | Comments Off
