As many of you know a new Form I-129 requirement forces companies requesting a work visa to certify that they do not have any technology that requires an export license for the potential employee, or that they either have an export license or procedures to prevent access to export license-required technology. (more…)
Archive for the ‘EAR’ Category
New Certification Requirement in Immigration I-129 Form Begins February 20, 2011
Friday, February 18th, 2011 by John BlackBIS Announces New Validate End-User (VEU)
Friday, February 18th, 2011 by Danielle McClellanEffective January 18, 2011 BIS added CSMC Technologies Corporation to the validated end-users program in the People’s Republic of China. In a nutshell the program allows certain items to be exported, reexported, or transferred (in-country) to approved companies and in this case 3 CSMC facilities.
BIS has also revised the validated end-user authorization for Advanced Micro Devices China, Inc. by updating the list of the company’s approved buildings and the descriptions of items that are eligible for export, reexport, or in-country transfer to AMD.
PPG China Pays $3.75 Million Penalty
Friday, February 18th, 2011 by Danielle McClellanOne of the largest monetary penalties imposed on a non-US company for violating US export controls was imposed on PPG Paints Trading (Shanghai) Co., Ltd., a wholly-owned Chinese subsidiary of US-based PPG Industries, Inc. PPG was hit with over $3.75 million in fines for four counts of violating IEEPA and the EAR. The government’s aggressive enforcement of the export control laws should be a sign to companies that violations are costly and will not be taken lightly, no matter where the company is located. (more…)
BIS’ Kevin Wolfe Begins Free Weekly Teleconferences
Wednesday, January 12th, 2011 by Danielle McClellanBeginning December 22, 2010 Assistant Secretary for Export Administration, Kevin Wolfe, will be providing free teleconferences every Wednesday through February 2, 2011 from 2:00 pm – 4:00pm EST to discuss Commerce’s proposed rules related to the Administration’s effort to reform the export control system.
The free conferences are limited to 100 people per session; to participate you must dial in at 866-917-2713; participant code: 4136642. You may also submit questions in advance of the training to be answered during the teleconference, submit your questions to oesdseminar@bis.doc.gov
Information available at: http://www.bis.doc.gov/news/2010/teleconference_opportunity_wolf.htm
Obama Announces Changes in US Export Control Policy for India
Wednesday, November 24th, 2010 by John BlackThe president recently announced that the United States will be taking steps to support and strengthen cooperation between the US and India. Prime Minister Singh and President Obama have agreed to a four part export control reform program that is designed to create a strategic partnership between the US and India. (more…)
Obama Orders New Enforcement Coordination Center
Wednesday, November 24th, 2010 by Danielle McClellanPresident Obama recently released an executive order creating an interagency Federal Export Enforcement Coordination Center within the Department of Homeland Security. The center will coordinate matters related to export enforcement among the following:
* The Department of State
* The Department of Treasury
* The Department of Defense
* The Department of Justice
* The Department of Commerce
* The Department of Energy
* The Department of Homeland Security
* The Office of the Director of National Intelligence
* Other executive branch departments, agencies, or offices as the President, from time to time, may designate
The center will have a director and full time staff who will serve to make the center the central point between all of the above departments when it comes to prosecuting violations of the US export laws. Watch out export violators…the Export Enforcement Coordination Center is coming…in a while.
More information available at: http://www.whitehouse.gov/the-press-office/2010/11/09/executive-order-export-coordination-enforcment-center.com
US BIS Extends “Temporary” Denial on Orion Air
Wednesday, November 24th, 2010 by Danielle McClellanOn May 7, 2009 an Order Temporarily Denying Export Privileges for Orion Air, S.L. and Syrian Pearl Airlines was signed for 180 days and then was renewed on November 2, 2009 and has once again been renewed for an additional 180 days.
BIS signed the initial order after they had warned Orion Air that reexporting a BAE 146-600 aircraft to Syria to the Syrian Pearl Airlines would require a license. Orion assured the US Bureau of Industry and Security (BIS) that they would put the reexport on hold based on the US Government’s concerns. Despite telling BIS that the transaction was on hold Orion Air continued with the export of the BAE aircraft to Syrian Pearl Airlines in Syria—not necessarily a good idea. When BIS uncovered the illegal reexport the initial denial order was signed based on the fact that BIS argued that future violations are likely to happen based on the fact that Orion Air lied about reexporting the aircraft to Syria and they are likely to continue to do so about other reexports. (more…)
Are Your EAR Classifications Up to Date?
Thursday, October 28th, 2010 by John BlackThe Bureau of Industry and Security (BIS) recently published a notice in the Federal Register revising or deleting 40 separate Export Control Classification Numbers (ECCNs) in the Commerce Control List. BIS is making these wide-ranging changes to revise the CCL to implement the December 2009 changes it has agreed in the Wassenaar group to Wassenaar List of Dual Use Goods and Technologies. Some of the changes are fairly substantive while others are clarifications.
BIS revised the following ECCNs: (more…)
Stop Using License Exception TSR Now!: You Need to Get a New TSR Written Assurance
Tuesday, September 7th, 2010 by John BlackBIS Expands Controls on Foreign-Made Products and Changes TSR Written Assurance
In the July 30, 2010, Federal Register the Bureau of Industry and Security (BIS) published a revision to the Export Administration Regulations (EAR) that does two things. First, it changes the requirements for what has to be in the written assurance for exports and reexports under License Exception TSR. Second, it changes the destination countries for which the EAR asserts jurisdiction for foreign-made direct products of US technical data or software. (more…)
BIS Says: “BIS Has No Authority to Determine Whether an Item is on the CCL”
Tuesday, September 7th, 2010 by John BlackAs most of you already know, the Commerce Department Bureau of Industry (BIS) does not have the authority to issue an official ruling as to whether an item is on the Commerce Control List or the US Munitions List. The Directorate of Defense Trade Controls in the State Department is the only government agency that has the authority to determine whether an item is on the CCL or the USML. DDTC issues Commodity Jurisdiction Determinations (CJ) (or lesser known GJs) to provide an official determination as to whether something is on the USML or the CCL.
In fact, even if the CCL specifically says it controls an item, the CCL actually might not control that item. For example, ECCN 1A001 paragraph c says it controls parts that are specially designed for missiles. In fact, you will find that those 1A001 items specially designed for missiles are usually in Category IV(h) of the USML.
In the August 2, 2010, Federal Register BIS published a notice clarifying these facts stating that commodity classifications and advisory opinions that BIS issues may not be relied upon as determinations as to whether an item is subject to the Export Administration Regulations (EAR) or on the CCL. (more…)
