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TSA Certified Cargo Screening Program: What Are You Doing to Meet the August, 2010 100% Screening Deadline?

If too many shippers wait until the “last minute” to recognize challenges and apply for CCSP, TSA would not have resources to certify them in time for August 2010 mandate.
As a result, TSA is concerned that shippers may wait until it is too late to surmount the challenges of August 2010, when 100% of all pieces must be screened individually. Only CCSF shippers can ensure the integrity of their packaging and shipments in August 2010! Only Cargo that is 100% Screened at the Piece Level will be Uplifted on Passenger Planes on August 1, 2010!As of August, 2010, the Transportation Security Administration (TSA) will require 100% screening of all cargo on passenger aircraft. This will dramatically affect the processing and efficiency of air cargo exports. Several challenges are expected to create a bottleneck as export shipments are processed.

We have heard that many companies currently participating in programs such as C-TPAT,TAPA, USDA/FDA Good Importer Practices and other types of initiatives are finding the CCSP certification process to be more like a small step than a giant leap. The CCSP offers our customers the best solution to meeting the 100 percent screening mandate – in a way that maintains control in the private sector and offers maximum security with minimal disruption in the supply chain

TSA’s Certified Cargo Screening Program (CCSP) is a voluntary program that will provide maximum control for shippers as they process their air cargo shipments. The CCSP entails development and implementation of procedures and policies for shippers to self-screen and prevent unauthorized access to their cargo. CCSP shippers will enjoy fast-track access for their cargo at carrier facilities and will avoid the backlogs and delays anticipated once the 100% cargo screening requirements go into effect. CCSP shippers will also eliminate the possibility of having their cargo opened at forwarder or carrier facilities. C-TPAT certified companies already possess many of the CCSP requirements!

DEPARTMENT OF COMMERCE- Bureau of Industry and Security Amendments to the Export Administration Regulations (EAR)

Based Upon the Accession of Albania and Croatia to Formal Membership in the North Atlantic Treaty Organization (NATO)
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
NATO, this final rule amends the EAR to remove certain crime control (CC), national security (NS), and regional stability (RS) license requirements for these two countries. A license continues to be required for exports and reexports to Albania or Croatia of items on the Commerce Control List (CCL) controlled for national security or regional stability reasons that are identified as requiring a license to destinations indicated under NS Column 1 (also NS Column 2, for Albania) or RS Column 1, respectively, on the Commerce Country Chart. Certain restraint devices, discharge type arms, and related technology described on the CCL continue to require a license for crime control reasons to Albania or Croatia. A license also continues to be required for specially designed implements of torture described on the CCL. Furthermore, this rule does not affect any license requirements that apply to these countries based on other reasons for control identified in the EAR. This final rule also removes the EAR prohibition that applied to certain in transit shipments through Albania, removes Albania from Country Group D, and adds Albania to Country Group B. Croatia has already been designated in the EAR as a Country Group B country.

Importer Security Filing (ISF) Reminders

Date: 12/16/2009 10:18:51 AM
To: Automated Broker Interface, Ocean Manifest
On December 12, 2009, CBP added a warning message response to any ISF filing that is filed using one of the flexibility options. The ISF will receive the error message 'COMPLETE TRANSACTION REQUIRED' and it will be accepted with warnings. CBP has the expectation that a filer will follow-up with a complete ISF after they have filed the original ISF using one of the flexibilities. If all of the data submitted in the original ISF is complete and accurate, the transaction should be submitted as a complete transaction. If necessary, the filer will still have the ability to modify the ISF submission after a complete transaction is submitted.

The following are reminders to ISF filers pertaining to recent or upcoming changes: On January 26, 2009, the filing requirements for Importer Security Filing became mandatory. CBP expects all filers to be filing ISF data for any ocean shipment entering the U.S. While CBP has provided a one year flexible enforcement period to allow filers to work through various problems and to come into compliance with these requirements, the end of that time frame is fast approaching. Please be sure ISF data is filed for every applicable ocean shipment that you are importing into the U.S.

Senate Subcommittee posts Testimony/Information on Reforming TSCA

The Senate Committee on Environment and Public Works held a hearing titled, "Oversight Hearing on the Federal Toxic Substances Control Act," on 12/2/09. The hearing examined the need to reform the Toxic Substances Control Act (TSCA) of 1976. A similar House hearing was held on 11/17/09. In September 2009, Lisa Jackson, Administrator of the Environmental Protection Agency (EPA) announced a set of "essential principles" that outline the Obama Administration’s goals for legislative reform of the TSCA. Jackson reported that legislation to strengthen TSCA is expected to soon be introduced under the leadership of Senators Boxer and Lautenberg and Representatives Waxman and Rush. Testimony was given by officials from the EPA, Department of Health and Human Services (HHS), and the Government Accountability Office (GAO). Topics of their testimony include:
  • TSCA Grandfathered in chemicals without evaluating toxicity
  • TSCA places data burden regarding toxicity on EPA for chemicals in use
  • TSCA does not require new chemicals to be tested for toxicity before introduction
Hearing information, testimonies (12/3/09)
http://epw.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=129f8be4-802a-23ad-4217-c8c5900bf3db

Dept of Justice announces guilty plea in case of False NAFTA Certificates

The Justice Department reports that two businessmen have each been convicted for their role in an illegal textile scheme. This conviction is the result of work conducted by Immigration and Customs Enforcement (ICE) and the Mexican Fraud Task Force that uncovered Vahram Aynilian, of New Jersey, illegal selling of fraudulent North American Free Trade Agreement Certificate of Origin (NAFTA) documents and fraudulent U.S. invoices.  Fred Lukach, of California, purchased and used Aynillian’s fraudulent documents in Laredo and other ports on the U.S./Mexican border to claim that foreign textile shipments were manufactured in the U.S. in order to exploit NAFTA protections.  Each pleaded guilty to one count of illegally exporting goods from the U.S. into Mexico.   Aynilian is the President of N.Y. Aynilian & Co. located in New Jersey. Lukach is a businessman from San Diego, CA, who temporarily worked in Laredo as a freight forwarder. Each count of conviction carries a statutory maximum sentence of 10 years imprisonment and/or a $250,000 fine.

 

Justice Department news release (12/3/09)

http://www.justice.gov/usao/txs/releases/December%202009/120309%20Aynilian%20and%20Lukach.htm
http://www.cbp.gov/xp/cgov/trade/trade_outreach/convict_importations.xml

STATE DEPARTMENT NEWS:Madagascar

Madagascar has been a leader in the utilization of the trade benefits under the African Growth and Opportunity Act (AGOA) since becoming eligible in October 2000. The Act requires the President to annually designate countries as eligible to receive the benefits of AGOA if they have established, or are making continual progress in certain criteria, including the rule of law and political pluralism. The March 2009 undemocratic transfer of power and the inability to establish a return to democracy have violated one of the vital criteria for Madagascar’s continued eligibility for these trade preferences. The U.S. Government urges the Malagasy political leadership to take concrete steps toward reestablishing a constitutional democratic government and the rule of law. These steps include the announcement of the full Transitional Government Cabinet; establishment of a National Reconciliation Council; clear progress toward establishing an Independent Electoral Commission; and setting an election deadline with an update of those election plans for the international community. Failure to achieve these benchmarks by December 15, 2009 would seriously threaten Madagascar’s continued eligibility for AGOA’s trade benefits in 2010. The United States Government reiterates its demand that Madagascar’s political leadership move forward rapidly towards the establishment of democratic constitutional rule. Additional delay in meeting these benchmarks will undermine Madagascar’s credibility and its prospects for continued eligibility for AGOA benefits.

OECD posts Convention on Combating Bribery

The signatories to the Organization for Economic Cooperation and Development’s (OECD’s) Anti-Bribery Convention have committed to further steps in their agreement to combat bribery and corruption. The signatories that agreed to take these additional steps include all of the OECD countries: Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Spain, Sweden, Switzerland, Turkey, United Kingdom, and the U.S. It also includes the following eight non-OECD signatories: Argentina, Brazil, Bulgaria, Chile, Estonia, Israel, Slovenia and South Africa. The OECD Working Group on Bribery will monitor countries’ progress in putting the outlined measures in place from the beginning of 2010, as part of their quarterly peer-review meetings.

Grand Alliance container group adds Vietnam to East Coast service

The Grand Alliance ocean container shipping venture will add Vietnam to its Asia East Coast Express (AEX) service in January. The alliance members Hapag-Lloyd, NYK Line and OOCL will add the deepwater port of Cai Mep to an AEX service that runs from Southeast Asia through the Suez Canal to the North American East Coast and back as of 1/9/10. The port of Cai Mep, handles 70 percent of Vietnam’s container trade, has been drawing calls by the world’s major container lines to handle Vietnam’s surging exports of textiles and apparel since last June 2009 when the port completed the first stage of dredging its main shipping channel down to 39 feet. In addition, MOL won approval for a new terminal venture in the country and Korean Air recently added 747-400 freighter service to Hanoi. The three Grand Alliance partners will deploy 10 ships with an average capacity of 5,500 TEUs apiece on the AEX service.

Summaries of Recent Commerce Enforcement Cases involving Exports or Reexports to Iran

Date: Wed, 04 Nov 2009 06:48:33 -0500
Subject: EXPORT UPDATES
On January 30, 2009, James Gribbin, former sales manager for Oyster Bay Pump Works, was sentenced to three years of probation and a $100 special assessment in connection with an attempted export of laboratory equipment, valued at approximately $300,000, to Iran via the United Arab Emirates.

On May 1, 2008, Patrick Gaillard, President of Oyster Bay Pump Works, was sentenced to 30 days in prison, a $25,000 criminal fine, three years of probation, and a $300 special assessment for his part in the attempted export.

On June 11, 2009, Traian Bujduveanu, the owner and operator of Orion Aviation, was sentenced to 35 months in prison followed by three years of supervised release for his role in the illegal export of civilian and military aircraft parts to Iran Defense Industries Organizations.

On December 10, 2008, Nicholas Groos was sentenced to 60 days in prison, one year supervised release, a $249,000 criminal fine, and a $400 special assessment for his part in a scheme to transship U.S.-origin fire fighting equipment to Iran using his position as Director of the Viking Corporation subsidiary located in Luxembourg.

On August 28, 2008, Desmond Frank was sentenced to 23 months in prison, a $500 criminal fine, and a $600 special assessment for his part in the export of defense articles to Iran and China.

On August 7, 2008, James Angehr and John Fowler, owners of Engineering Dynamics Inc., were sentenced to five years of probation for their part in an attempt to export software to Iran via Brazil. Angehr was additionally sentenced to six months of confinement in a halfway house, and Fowler was sentenced to four months of confinement in a halfway house. Each defendant was fined $250,000, and ordered to forfeit $218,583. On May 22, 2008, Nelson Galgoul was sentenced to 13 months in prison, three years of supervised release, a $100,000 criminal fine, and a $109,291 forfeiture for his part in the conspiracy.

On February 8, 2008, Mojtada Maleki-Gomi was sentenced to 18 months in prison and a $200,000 criminal fine for exporting textile goods to Iran without the required export licenses, and Babek Maleki was sentenced to 12 months probation for making false statements related to the same export.

Three men sentenced for violating U.S. export regulations, sending material to China

For Immediate Release: October 8, 2009
Three men were sentenced today in federal court for exporting high-modulus, carbon-fiber material to the China Academy of Space Technology in violation of United States export laws and regulations.

In Minneapolis, United States District Court Chief Judge Michael Davis sentenced Jian Wei Ding, 51, of Singapore, to 46 months in prison and two years of supervised release. Kok Tong Lim, 37, of Singapore, was sentenced to just over one year of confinement and two years of supervised release because of his cooperation in the investigation. And, Ping Cheng, 46, of Manhasset, New York, was sentenced to one year of probation because he, too, agreed to cooperate with the investigation. All three men were sentenced on one count of conspiracy to violate Export Administration Regulations. They pleaded guilty to the charge earlier this year after being indicted on October 28, 2008. According to their plea agreements, the defendants conspired to violate U.S. Export Administration Regulations between March 23, 2007, and April 6, 2008, by exporting and attempting to export high-modulus carbon-fiber material without an appropriate license. For national security, nuclear proliferation and antiterrorism reasons, the U.S. requires a license to export that material because it has applications for rockets, satellites, spacecraft and uranium enrichment. “Exporting sensitive U.S. technology and materials is controlled to protect national security,” said John Morton, Department of Homeland Security Assistant Secretary for Immigration and Customs Enforcement (“ICE”). “Illegally exporting materials used to build rockets and satellites is tantamount to a security breach at our borders. ICE uses all its investigative authorities to ensure that such materials and technologies do not fall into the wrong hands.”

To further the conspiracy, Ding exercised control over several Singaporean import and export companies, one of which was in the business of acquiring high-technology items for its customers. One of those customers was the China Academy of Space Technology, which oversees research on satellite systems for the People’s Republic of China.

Ding’s role in the conspiracy was to manage the import and export companies, maintain a relationship with the Chinese users of the carbon-fiber material, and provide the money required to purchase that material. Cheng’s role was to act as the U.S. agent for Ding’s companies, and Lim’s role was to reach out to U.S. suppliers of high-technology items.

During the course of the conspiracy, the defendants unknowingly worked with an undercover Minnesota company that purported to be a supplier of aerospace commodities. On two separate occasions, Ding sent Cheng to Minnesota to inspect material at that company. Then, on April 7, 2008, after purchasing the material, Ding instructed Cheng to export it to Singapore and Hong Kong without the required e xport license.Cheng corroborated Ding’s account by admitting that on May 18, 2007, he traveled from New York to Minnesota to inspect 104 kilograms of carbon-fiber material prior to its final acceptance by Ding’s companies. Cheng also admitted that on June 4, 2007, he directed the transfer of that material fromMinnesota to New York, where it was to be stored before being illegally exported. In addition, Cheng admitted he again came to Minnesota on July 13, 2007, to inspect 211 kilograms of carbon-fiber material and, on August 3, 2007, ordered it transported to New York. Finally, Cheng admitted he ordered the exportation of the 211 kilograms of carbon-fiber material to Hong Kong on April 13, 2008; and that on April 16, 2008, he ordered the exportation of the 104 kilograms of carbon-fiber material to Singapore. For his part, Lim admitted urging the undercover Minnesota company to supply Ding’s companies with the carbon-fiber material.

STATE DEPARTMENT- ITAR:DDTC issues notice on new version of DSP-61 Form

The Directorate of Defense Trade Controls (DDTC) issued a notice announcing that it has created a new D-Trade2 version of the DSP-61 PureEdge form (application/license for temporary import of unclassified defense articles), which has an implementation date of 10/23/09. The purpose of the update was to clarify and resolve the issues related to Block 20 - Foreign Intermediate Consignee which allows users to include additional parties on the form. The Add feature display included 12 separate Name and Address blocks, all of which were not functional. The new form, version 3.1, corrects this problem and makes the 12 Name and Address blocks active. To allow sufficient time for the reissue of the form, there will be a phase-in period where the industry can review and test the functionality of the revised requirements, which lasts until 10/23/09. (After accessing the site, the industry should download the DSP-61 form and Release Notes; ReleaseNotes_DT2Forms.doc)

DDTC contact - Kwaku Pipim 202 663 2282 or pipimka@state.gov DDTC notice (10/20/09) http://www.pmddtc.state.gov/documents/IndustryNotice-DSP61.pdf

U.S. State Department statement on the events in Guinea:

October 26, 2009
Web Notice on Exports to the Republic of Guinea: In response to recent events in the Republic of Guinea (Guinea), DDTC wishes to inform exporters that although there is no current U.S. or UN arms embargo on Guinea, the final decision on license applications for the export of U.S. Munitions List (USML) items to Guinea received from this date or currently in the review process may be delayed as the situation develops. License applications will continue to be reviewed on a case-by-case basis, but approval should not be assumed. We encourage exporters to take the current situation into account and if applying for a new license to export or re-export USML items to Guinea, that the license application provide detailed information on the end-use and end-user of the USML items. If you have any questions about this matter, please contact the DDTC Response Team at
DDTCResponseTeam@state.gov.

Below is the U.S. State Department statement on the events in Guinea: 29 September 2009 Statement on Situation in Guinea U.S. condemns Guinean military’s use of force against civilians

U.S. DEPARTMENT OF STATE Office of the Spokesman September 29, 2009 STATEMENT BY IAN KELLY, SPOKESMAN

Situation in Guinea The United States condemns the Guinean military’s brazen and inappropriate use of force against civilians on September 28. According to reports, Presidential Guard troops opened fire on unarmed and peaceful demonstrators, killing at least 157 and injuring over 1,200. The military also stands accused of carrying out brutal rapes and sexual assaults on women demonstrators and bystanders during its rampage. We demand the immediate release of opposition leaders and a return to civilian rule as soon as possible, a move that the Guinean people themselves continue to demand. The United States also insists that the National Council for Democracy and Development respect the commitments it has made and not field candidates in Guinea’s upcoming elections. The United States will continue to monitor the extralegal actions of the military and government as well as work with its international partners -- the International Contact Group on Guinea -- to support a peaceful transition in Guinea.

REMINDER - BIS to Add New Edits on ECCNs, Special Comprehensive Licenses, and Certain License Exceptions

United States Principal Parties in Interest (USPPIs) and their authorized filing agents (AES filers) are reminded that the AES record containing the Electronic Export Information (EEI) is an export control record under § 758.1(f) of the Export Administration Regulations (EAR). Furthermore, the AES record represents whether the export authorized under the terms and conditions of a license, license exception or no license required is true, accurate and complete.
Effective October 1, 2009, BIS is tightening up the edits on the EEI to improve statistics and to ensure that AES filers are correctly certifying the use of a license or license exception authorization or no license required designation. AES filers must prepare for these edits, as described below to prevent the return of fatal errors from AES.
- The export Control Classification Number (ECCN), when reported in AES must be valid 5 - position ECCN as listed on the Commerce Control List.

See Supplement 1 to § 774 of the EAR for a complete list of valid ECCNs and their descriptions. www.access.gpo.gov/bis/ear/ear_data.html

- The Special Comprehensive License (SCL) number reported in AES under license type C31 must be a BIS approved SCL.

- License exceptions LVS(C35), GBS(C36), CIV(C37), and TSR(C38) must designate an eligible ECCN and country. See Part 740 (License Exceptions) and Supplement 1 to § 774 (Commerce Control List) www.access.gpo.gov/bis/ear/pdf/740spir.pdf and www.access.gpo.gov/bis/ear/ear_data.html

- In accordance with the EAR § 740.17, license exception ENC(C50) must only be used with ECCNs 5A002, 5B002, 5D002 and 5E002. www.access.gpo.gov/bis/ear/pdf/740.pdf

Please note that by using a License Exception, you are certifying that the terms, provisions and conditions for the use of the License Exception described in the EAR have been met. See Part 740 of the EAR.

If you are unable to resolve fatal errors related to the above and require regulatory guidance from BIS, please contact its Office of Exporter Services at one of the following locations.

Western Regional Office (949)660-0144
San Jose, CA Branch (408)291-4212
Headquarters, Washington, DC (202)482-4811

If you are having trouble working with and implemented the regulatory requirements, please contact: Evolutions in Business 978-256-0438

Dutch Firm and Two Officers Plead Guilty to Conspiracy to Export Aircraft Components and Other Goods to Iran

For Immediate Release: September 24, 2009

 
A Dutch aviation services company, its director and sales manager pleaded guilty today in the District of Columbia to federal charges related to a conspiracy to illegally export aircraft components and other items from the United States to entities in Iran via the Netherlands, the United Arab Emirates and Cyprus.
The announcement was made by David Kris, Assistant Attorney General for National Security; Channing D. Phillips, Acting U.S. Attorney for the District of Columbia; and Kevin Delli-Colli, Acting Assistant Secretary of Commerce for Export Enforcement, and Sharon E. Woods, Director of the Defense Criminal Investigative Service. The investigation was conducted by agents from the Department of Commerce’s Office of Export Enforcement, with assistance from the Defense Criminal Investigative Service (DCIS), the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE), and the Federal Bureau of Investigation (FBI).
Aviation Services International, B.V. ("ASI"), an aircraft parts supply company in the Netherlands; Robert Kraaipoel, 66, a citizen of the Netherlands and the director of ASI; and Robert Neils Kraaipoel ("Neils Kraaipoel"),* *40, a citizen of the Netherlands, the sales manager of ASI and son of Robert Kraaipoel, each entered a plea of guilty to a one-count criminal information in federal court in the District of Columbia.
The information charged each with conspiracy to violate the International Emergency Economic Powers Act (IEEPA) and the Iranian Transactions Regulations by exporting aircraft components and other goods to Iran without obtaining licenses from the Treasury Department’s Office of Foreign Assets Control (OFAC). The two individual defendants each face a potential sentence of five years in prison and a maximum fine of $250,000 or twice the pecuniary gain or loss. ASI has agreed to pay a $100,000 fine and corporate probation for five years.
According to the criminal information, from about October 2005 to about October 2007, the defendants received orders from customers in Iran for U.S.-origin goods that were restricted from being transshipped into Iran. The defendants then contacted companies in the United States and negotiated purchases of materials on behalf of Iranian customers. The defendants provided false end-user certificates to certain U.S. companies to conceal that customers in Iran would be the true recipients of the goods.
In order to conceal these activities from the U.S. government, the defendants caused certain companies in the United States to ship the materials to ASI in the Netherlands or to addresses in other countries, including the United Arab Emirates and Cyprus. Upon arrival in the Netherlands or these other countries, the ordered materials were repackaged and transshipped to Iran.
For example, according to the criminal information, the defendants used these methods to purchase various U.S. electronic communications equipment from a U.S. company between 2005 and 2007. The defendants falsely certified to the company that the equipment, which had potential applications in Unmanned Aerial Vehicles, was being sent to the Polish Border Control Agency, when, in reality, the equipment was being sent to Iran. The defendants arranged for the equipment to be exported from the United States to the Netherlands. Shortly thereafter, the equipment was sent to a customer in Iran.
In another instance, a shipment of aircraft parts from several U.S. companies that was destined for ASI in the Netherlands was detained by officers of U.S. Customs and Border Protection in January 2007. Niels Kraaipoel then called the U.S. Commerce Department and stated that the detained aircraft parts were to be resold in Europe. When asked if any were destined for Iran, he said they were not, that ASI did not have any business dealings with Iran and that he was aware of the U.S. trade restrictions on Iran.
Later in 2007, according to the criminal information, Robert Kraaipoel purchased aluminum sheets and rods from a Florida company for approximately $9,600. Kraaipoel instructed the U.S. company and a freight forwarder to list the Netherlands as the ultimate destination in the shipping documents. ASI attempted to have these goods shipped from the Netherlands to Iran, but Dutch Customs officials detained them on April 20, 2007.
In March 2007, a shipment of polymide film that ASI had purchased from a Kansas company was detained by U.S. officials. According to the criminal information, Robert Kraaipoel later contacted the U.S. freight forwarder and unsuccessfully attempted to have the items shipped to company in the U.A.E. The defendants knew that this particular company in the U.A.E. purchased items for customers in Iran.
Finally, the criminal information states that throughout much of August, September and October 2007 the defendants conducted purchases on behalf of a company in the U.A.E. that they knew supplied Iranian customers. For example, in September 2007, Niels Kraaipoel provided the U.A.E. company with a quotation for more than $200,000 worth of U.S.-origin aircraft parts and supplies.
Under the IEEPA and the Iranian Transaction Regulations, all exports to Iran of U.S.-origin commodities are prohibited absent authorization in the form of an export license from OFAC of the Department of the Treasury. It is also unlawful to ship U.S. origin products to a third country with the am of then diverting them or re-exporting them to Iran without the necessary authorization from OFAC. These prohibitions have been in place since 1995.
"This investigation demonstrates in clear terms the threat we face from the illegal foreign acquisition of U.S. technology. Keeping America’s critical technology from falling into the hands of state sponsors of terror has never been more important," said David Kris, Assistant Attorney General for National Security.
"A business or individual who illegally ships U.S.-origin goods to embargoed countries, such as Iran, undermines our national security," said Acting U.S. Attorney Phillips, Acting U.S. Attorney for the District of Columbia. "This prosecution reflects our commitment to enforcing our export control laws vigorously."
"Combating illegal transshipment of U.S.-origin items to Iran is a significant challenge and one of our top priorities," said Kevin Delli-Colli, Acting Assistant Secretary of Commerce for Export Enforcement. "Willful violations will be pursued regardless of where the perpetrators may reside."
"Today's pleas represent the culmination of a long-term collaboration effort amongst the investigators and prosecutors in bringing international arms dealers to justice," said Sharon E. Woods, Director of the Defense Criminal Investigative Service. "As long as there are those who seek to illegally acquire U.S. Military equipment and technology, DCIS will remain committed to thwarting their efforts and to protecting America's Warfighters."
Assistant Attorney General Kris, Acting U.S. Attorney Phillips, and Acting Assistant Secretary Delli-Colli, and Director Woods praised Senior Special Agents David Poole and Special Agents Michael Imbrogna and James Brigham from the Department of Commerce Office of Export Enforcement; Special Agent Michael Campion from DCIS, Special Agents Michael McGonigle and Brett Gentrup from ICE, and Special Agent Amanda McDaniel from the FBI.
The prosecution is being handled by Assistant U.S. Attorneys Ann H. Petalas and Denise Cheung from the U.S. Attorney’s Office for the District of Columbia, and Trial Attorneys Ryan Fayhee and Jonathan Poling from the Counterespionage Section of the Justice Department’s National Security Division.

Secretaries of Commerce and Defense discuss Export Control Reform

Department of Commerce press release, Commerce Secretary Gary Locke met with Defense Secretary Robert Gates Sept. 22 to discuss the importance of considering improvements to the U.S. export control system that will help make U.S. exporters more competitive. The two officials “agreed to continue to work together with their counterparts at other cabinet agencies toward these important reforms,” the press release stated, and “plan to meet again in the next few weeks with fellow administration officials to address their progress.” This week’s talks appear to be part of a broad-based interagency review of the U.S. export control system, which was launched by the White House Aug. 13. The aim of this review is to consider reforms to the system that would enhance U.S. national security, foreign policy and economic security interests. The administration’s review was announced just weeks after Secretary Locke told the trade community that undertaking a review of export controls is one of his top five priorities and that he had already instructed the Bureau of Industry and Security to start examining the entire U.S. export control system. In addition, House Foreign Affairs Committee Chairman Howard Berman, D-Calif., said last month that he has launched his own review of U.S. export controls on dual-use goods and hopes to introduce in early 2010 a new Export Administration Act that will overhaul these controls.

BIS advisory opinion on certain downloading of encrypted software

The Bureau of Industry and Security (BIS) issued an advisory opinion regarding whether allowing the free download of certain encrypted software reviewed and classified as "mass market" would be in violation of the Export Administration Regulations (EAR). Specifically, the advisory opinion requestor asked whether it would be in violation of the EAR if it allowed BIS-classified "mass market" encryption software to be downloaded free of charge to anyone from the company’s Web site without restriction, including download by a person in Iran, Cuba, Syria, Sudan, or North Korea. According to the BIS, publishing "mass market" encryption software to the Internet where it may be downloaded by anyone neither establishes "knowledge" of a prohibited export or reexport nor triggers any "red flags" necessitating BIS’ affirmative duty to inquire. Therefore, a person or company would not be in violation of the EAR if it posts "mass market" encryption software on the Internet for free and anonymous download, and then at a later time the software is downloaded by an anonymous person in Iran, Cuba, Syria, Sudan, or North Korea. In addition, a violation would not occur if the Internet Protocol (IP) address of the person downloading the software is collected by the software provider at the time of the download and stored as a "footprint" in the machine code of the software provider’s data base, but is not tracked or used for any purpose by the software provider. BIS notes that its advisory opinion is confined to interpretation of the EAR, and does not address the sanctions regulations implemented by the Office of Foreign Assets Control (OFAC).
BIS advisory opinion (9/11/09) http://www.bis.doc.gov/policiesandregulations/advisoryopinions/encryption_internet_ao.pdf

White House posts details of President's strategy for Export Innovation

President Obama recently announced his strategy for U.S. innovation. One of the components of the Obama Innovation Strategy concerns U.S. exports. According to the strategy, exports will play an increasingly critical role in the future of the U.S. economy, and the President’s plans will ensure fair and open markets for U.S. producers as follows:
  • Open markets abroad,
  • Promote U.S. exports
  • Enforce U.S. trade agreements to ensure access for U.S. products abroad
  • Protect intellectual property rights
  • Reform U.S. export controls.
 

TOY SAFETY ADDRESSED

....with Chinese in October 2009 She went on to say: “Chinese suppliers and U.S. importers are now on notice from both governments that it is a mistake to depend on good intentions and a few final inspections to ensure compliance with safety requirements. We now expect companies to implement proven best practices, such as factoring misuse into design, strict controls on components and other inputs, and enough sampling and testing to ensure that all of the product coming off the line is safe for consumers.” “Let me be clear, however, that employing best practices to ensure product safety is not only the manufacturer’s job. U.S. importers also have a major responsibility. They must take steps to ensure that U.S. safety requirements are built into their products at every step of the way … including at the very beginning of the process as the product’s design specifications are developed. CPSC will hold importers accountable if their products are hazardous or if they violate U.S. products safety requirements,” Tenenbaum emphasized. Importantly for toy companies, the Chairman said that in considering whether to impose a fine on a U.S. importer for violation of safety standards, “CPSC may to take into account whether the importer has a safety or compliance program in place and whether they conducted pre-market and production testing to minimize safety risks.”

Traveling?/h2> h3>State Department Travel warnings....

http://travel.state.gov/travel/cis_pa_tw/cis_pa_tw_1168.html

CDC Travel Warnings...

http://wwwnc.cdc.gov/travel

Affiliates of Texas Company Settle Charges for Unlawful Exports and eexports to Sanctioned Countries and Listed Entities

Sept 15, 2009
WASHINGTON, D.C. - The Commerce Department's Bureau of Industry and Security (BIS) announced today that five foreign subsidiaries of Thermon Manufacturing Company, a San Marcos, Texas-based firm, have agreed to pay a total of $176,000 in combined civil penalties to settle allegations that they participated in unlicensed exports and reexports of heat tracing equipment to Iran, Syria, Libya and listed entities in India, in violation of the Export Administration Regulations (EAR).  Thermon Manufacturing voluntarily disclosed the violations to BIS.
"Thermon's foreign subsidiaries placed orders intended for and ultimately shipped to sanctioned countries and listed entities," said Kevin Delli-Colli Acting Secretary of Commerce for Export Enforcement.  "A number of the violations occurred despite the fact that Thermon U.S. told the subsidiaries that such actions were prohibited."
BIS alleged that between October 2002 and June 2006, the five subsidiaries--Thermon Europe B.V., Thermon Far East Ltd., Thermon Heat Tracers Pvt. Ltd. (based in India), Thermon Korea Ltd., and Thermon (U.K.) Ltd.—committed a total of 33 violations by re-exporting or causing the export of EAR99 heat tracing equipment manufactured in the United States by Thermon Manufacturing, without the required BIS license or, for shipments to Iran, a License from the Treasury Department’s Office of Foreign Assets Control.
The Thermon subsidiaries did not inform Thermon Manufacturing of the ultimate destinations for the items and had been informed by Thermon Manufacturing in February 2005 that “products manufactured by Thermon US may not be sold to countries on the US trade sanctions list,” including specifically Iran, Syria and Libya.  BIS alleged that the affiliates acted with knowledge of those violations involving shipments to sanctioned countries that occurred after this warning.

Taiwan and California Companies Settle Allegations of Unlawful Exports to the PRC

WASHINGTON, D.C. - The Commerce Department’s Bureau of Industry and Security (BIS) announced today that Foxsemicon Integrated Technologies, Inc. (FITI) of Taiwan has agreed to a $250,000 civil penalty to settle allegations that it committed thirty-one violations of the Export Administration Regulations (EAR) related to the unlicensed export of pressure transducers from the United States to the People’s Republic of China (PRC).
In a related matter, Foxsemicon LLC, of a San Jose, Calif., a wholly-owned affiliate of FITI, agreed to a $160,000 civil penalty to settle allegations that it aided and abetted FITI’s violations.  FITI designs and manufactures components and systems used in the manufacture of semiconductor wafers and flat panel screens.  
“Exporters must heed the advice of their suppliers when told that products require an export license. Companies involved in systems integration bear the burden of ensuring that license requirements regarding parts and components are met before exporting to foreign customers,” said Kevin Delli-Colli, the acting assistant secretary of Commerce for Export Enforcement.
BIS alleged that between August 2005 and May 2006, FITI made fifteen unlicensed exports of pressure transducers to the PRC, aided and abetted by Foxsemicon LLC.  The transducers are used as spare parts to larger manufacturing systems controlled for nuclear non-proliferations reason to the PRC.  BIS alleged that at the time the unauthorized exports were made, FITI knew licenses were required for the parts, yet the company made no attempt to apply for licenses to authorize the shipments.  FITI is also alleged to have made false statements on export documentation, aided and abetted by Foxsemicon LLC, by incorrectly stating that no license was required for the exports.  
The companies voluntarily disclosed the violations, and cooperated fully with the investigation.  BIS has agreed to suspend $160,000 of FITI’s fine provided that no additional violations occur in the next year.

Commerce Dept. Implements President’s Directive to Ease Restrictions on Humanitarian Aid, Gift Parcels to Cuba

WASHINGTON - The U.S. Department of Commerce’s Bureau of Industry and Security today amended the Export Administration Regulations (EAR) to implement the President’s April 13, 2009 directive to make it easier for Americans with family members in Cuba to visit and send gifts to their relatives. The measures are designed to improve prospects for democracy and enhance human rights on the island.
Today’s action was taken in concert with the publication of amendments to the Cuban Assets Control Regulations by the Department of the Treasury, Office of Foreign Assets Control.
The measures will allow items normally exchanged between individuals as gifts to be included in gift parcels going to Cuba and remove the requirement that gift parcels be sent only to members of the donor’s immediate family. Gift parcels may now be sent from an individual in the United States to an individual or an independent religious, educational, or charitable organization in Cuba.
The amendment also raises the value limit for gift parcels from $400 to $800 and increases the number of parcels that an individual donor may send each month from one parcel per household to one parcel per donee.
The EAR update removes the 44-pound limit on personal baggage that previously applied to travelers to Cuba and creates a new License Exception that authorizes exports and re-exports to Cuba of donated personal communications devices such as mobile phone systems, computers and software, satellite receivers and digital cameras.
The amendment also revises licensing policy to facilitate exports needed to establish telecommunications links between the United States and Cuba, including links established through third countries, and including the provision of satellite radio or satellite television services to Cuba.

STATE DEPT  DTC  UPDATES

DSP-83 Requirements for Licensing of Chemical Agent Resistant Coatings (CARC) Paint – Category XIV(f)(5)

Effective immediately, the Directorate of Defense Trade Controls no longer requires a DSP-83 to accompany licenses for the permanent export of CARC Paint under USML Category XIV(f)(5).  Although USML Category XIV(f) is designated as Significant Military Equipment (SME) in its entirety, the Department has determined CARC paint does not possess “substantial military utility or capability” (see 22 CFR 120.7(a)).  This determination does not apply to other items in USML Category XIV(f).
 
When submitting a DSP-5 via D-Trade, the selection of any SME category in block 11 automatically identifies the item as SME and makes the DSP-83 a mandatory document.  Follow these procedures to submit your license without the DSP-83:
  • Enter “XIV(f)” in Block 11.
  • When asked if a DSP-83 is attached – answer “NO”
  • When further asked “If SME, and a DSP-83 is not attached, state why.” – answer “DDTC Web Notice 9/14/09 ref: DSP-83 for CARC.”  
  • Please do not attach a copy of this web notice to each license submission

    The List of Statutorily Debarred Parties has been updated (9.14.09) See State Department Website
    Use of USML Category XXI Effective immediately, all license submissions which identify USML Category XXI – Miscellaneous Articles must include an attached copy of one of the following two documents authorizing use of Cat XXI or the application will be subject to Return Without Action:
     
    A copy of a DDTC Commodity Jurisdiction determination letter identifying the commodity as controlled under the USML at Cat XXI;
    Or an official letter from the Director, Office of Defense Trade Controls Policy granting permission to use Cat XXI.

This policy is necessary to enforce the requirement of 22 CFR Part 121.1 Category XXI(a). DDTC has observed a recent increase in the use of Cat XXI for items which should be properly categorized under a well defined USML category. The incorrect use of Cat XXI results in the license application being directed to the incorrect licensing team at DDTC and DTSA, which significantly slows down the adjudication of the request. Additionally, if a properly categorized commodity is designated as SME, the incorrect use of Cat XXI also incorrectly identifies the commodity as non-SME.
If you are unsure if your commodity is controlled by the USML, you should seek a Commodity Jurisdiction determination (see 22 CFR 120.4). If you have determined your commodity is USML but are unsure of the correct category, contact the DDTC Response Team at 202-663-1282 or PM-DDTC-Response-Team-DL@state.gov.

Some exports to Syria will be approved by Commerce License only on a case by case basis now...

Licensing Policy
Items requiring a license for export or reexport to Syria are subject to a general policy of denial. However, BIS may review several categories of items on a case-by-case basis, including:
Medicines on the CCL and Medical Devices. Certain medicines, such as vaccines and immunotoxins, are on the CCL and therefore require a license for export or reexport to Syria. Medical devices are defined in Section 772 of the EAR with reference to the Federal Food, Drug and Cosmetic Act (21 U.S.C. 321). For purposes of the EAR, medical devices include medical supplies, instruments, equipment, equipped ambulances, institutional washing machines for sterilization, and vehicles with medical testing equipment. Note that certain component parts and spares to be exported or reexported for incorporation into medical devices are on the CCL and therefore require a license for export or reexport to Syria.
Telecommunications Equipment and Associated Computers, Software, and Technology. Telecommunications equipment encompasses items necessary to promote the free flow of information.
Parts and Components Intended to Ensure the Safety of Civil Aviation and The Safe Operation of Commercial Passenger Aircraft. Parts and components intended to ensure the safety of civil aviation and to ensure the safe operation of commercial passenger aircraft may be considered on a case-by-case basis.
Other Categories of Items. BIS may also consider, on a case-by-case basis, license applications to export items necessary for the performance of official functions by personnel of United States Government, items in support of United Nations operations in Syria, and aircraft chartered by the Syrian Government for the transport of Syrian Government officials on official Syrian Government business.

US Trade Businesses look to President's decision on China Tire Safeguard as setting trade policy

President Obama is expected to make a major address on trade this fall. At about the same time, he will have to make a decision on whether to impose safeguard measures against imports of certain automobile tires from China. Many observers believe the president’s decision in the safeguard case could set a de facto precedent for the administration’s trade policy. Congress has been preoccupied with health care and climate change and has thus done little to help formulate a comprehensive approach to trade policy. The Section 421 safeguard allows the U.S. to restrict imports from China if there has been a surge in imports that has caused or could cause market disruption. Shortly after President Obama took office, a labor union representing domestic tire manufacturing workers filed a Section 421 petition on automobile tires, claiming that the U.S. tire industry had been injured by a significant increase in imports over the past several years. The International Trade Commission (ITC) agreed by a 4-2 vote and recommended a three-year schedule of increased tariffs starting at 55% and eventually falling to 35%. The Office of the U.S. Trade Representative (USTR) is currently considering the matter and must forward its recommendation to the White House by 9/2/09. The President then has until 9/17/09 to render a final decision.  There has been much interest in this case, and the opposing sides have been extremely active in pressing their cases.  Recently the Emergency Committee for American Trade sent a letter to the president stating that industry groups are concerned that any decision to restrict imports of Chinese tires could open the floodgates to safeguards against a wide range of other products, which would increase prices for businesses as well as consumers. In addition, they say, imposing a safeguard could invite retaliatory measures from China, which has accounted for a major share of U.S. export growth in recent years, and embolden other countries to take their own steps to restrict trade, both of which could hinder a global economic recovery.   A number of congressional Democrats whose support is needed on higher priority issues such as health care and climate change have made clear that the U.S. must take a tougher line on trade with China and that they view the Section 421 petition as a test of whether the administration will in fact do that.

China threatens import restrictions if US implements ADD on Tires

Chinese leaders are reportedly considering retaliatory measures if the U.S. decides to raise tariffs on imports of Chinese tires. Press sources cite trade experts as saying that possible responses include limiting imports of U.S. automobiles, soybeans or other products. Beijing could also challenge the tariffs at the World Trade Organization on the grounds that U.S. imports of tires from China have declined and that the U.S. should therefore not be able to implement a safeguard based on a surge of Chinese imports.
The International Trade Commission has recommended a three-year schedule of higher tariffs on Chinese tires that would start at 55% and gradually decline to 35%. The Office of the U.S. Trade Representative is considering the matter and is expected to forward its recommendation to the president by Sept. 2. A final decision – which could include a remedy different than that recommended by the ITC or USTR, including no remedy at all – would have to be rendered no later than Sept. 17, although there is some speculation that it could come earlier.

Indian Port and Dock Workers threaten to strike in September

Effective 9/15/09, Indian port and dock workers called for an indefinite strike if the Shipping Ministry does not heed their demands for wage increases and other benefits.  A formal resolution to strike was adopted at a joint meeting of the five major labor federations recently held at Cochin, representing nearly 100,000 workers employed at the country’s 12 major gateway ports.  According to Union leaders, workers were due to receive a wage increase in January 2007, but despite several rounds of talks with the Indian Ports Association, no agreement could be reached on basic issues. The unionized workers are demanding a 34-percent increase in pay, while the government offered a raise of 18 percent.   The strike threat comes at a time when major hubs are struggling to reach annual targets set by the Shipping Ministry for fiscal 2009-10.   www.joc.com <http://www.joc.com>  (8/28/09)

Canada initiates ADD on certain Footwear from China and Vietnam

Canada Border Services Agency (CBSA) announced the final determination of dumping with respect to waterproof footwear and waterproof footwear in nearly finished form, constructed wholly or in part of rubber and/or thermoplastic rubber (TPR) originating in or exported from China and waterproof footwear and waterproof footwear in nearly finished form, constructed wholly or in part of rubber, TPR, and/or plastic originating in or exported from Vietnam. CBSA notice (8/26/09)

China passes Germany as Largest Export for First Half 2009

The World Trade Organization reports that for the first time, China overtook Germany as the world's biggest exporter during the first half of 2009.  From January through June 2009, China's total export volume amounted to $521.7 billion, slightly exceeding Germany's exports, which totaled $521.6 billion.  According to a WTO spokesperson, China and Germany remain very close in the competition, and it is too soon to say if China will overtake Germany as the world's largest goods exporter for all of 2009. The final results will depend on several unknown factors, including foreign exchange rates and the pace of economic recovery in the various markets that buy exports from China and Germany in coming months.  www.joc.com <http://www.joc.com>  (8/26/09)

Taiwan and California Companies Settle Allegations of Unlawful Exports to the PRC

WASHINGTON, D.C. - The Commerce Department’s Bureau of Industry and Security (BIS) announced today that Foxsemicon Integrated Technologies, Inc. (FITI) of Taiwan has agreed to a $250,000 civil penalty to settle allegations that it committed thirty-one violations of the Export Administration Regulations (EAR) related to the unlicensed export of pressure transducers from the United States to the People’s Republic of
China (PRC).  

In a related matter, Foxsemicon LLC, of a San Jose, Calif., a wholly-owned affiliate of FITI, agreed to a $160,000 civil penalty to settle allegations that it aided and abetted FITI’s violations.  FITI designs and manufactures components and systems used in the manufacture of semiconductor wafers and flat panel screens.  

“Exporters must heed the advice of their suppliers when told that products require an export license. Companies involved in systems integration bear the burden of ensuring that license requirements regarding parts and components are met before exporting to foreign customers,” said Kevin Delli-Colli, the acting assistant secretary of Commerce for Export Enforcement.

BIS alleged that between August 2005 and May 2006, FITI made fifteen unlicensed exports of pressure transducers to the PRC, aided and abetted by Foxsemicon LLC.  The transducers are used as spare parts to larger manufacturing systems controlled for nuclear non-proliferations reason to the PRC.  BIS alleged that at the time the unauthorized exports were made, FITI knew licenses were required for the parts, yet the company made no attempt to apply for licenses to authorize the shipments.  FITI is also alleged to have made false statements on export documentation, aided and abetted by Foxsemicon LLC, by incorrectly stating that no license was required for the exports.  

The companies voluntarily disclosed the violations, and cooperated fully with the investigation. BIS has agreed to suspend $160,000 of FITI’s fine provided that no additional violations occur in the next year.

Affiliates of Texas Company Settle Charges for Unlawful Exports and Reexports to Sanctioned Countries and Listed Entities

Sept 15, 2009

WASHINGTON, D.C. The Commerce Department's Bureau of Industry and Security (BIS) announced today that five foreign subsidiaries of Thermon Manufacturing Company, a San Marcos, Texas-based firm, have agreed to pay a total of $176,000 in combined civil penalties to settle allegations that they participated in unlicensed exports and reexports of heat tracing equipment to Iran, Syria, Libya and listed entities in India, in violation of the Export Administration Regulations (EAR).  Thermon Manufacturing voluntarily disclosed the violations to BIS.
"Thermon's foreign subsidiaries placed orders intended for and ultimately shipped to sanctioned countries and listed entities," said Kevin Delli-Colli Acting Secretary of Commerce for Export Enforcement.  "A number of the violations occurred despite the fact that Thermon U.S. told the subsidiaries that such actions were prohibited."
BIS alleged that between October 2002 and June 2006, the five subsidiaries--Thermon Europe B.V., Thermon Far East Ltd., Thermon Heat Tracers Pvt. Ltd. (based in India), Thermon Korea Ltd., and Thermon (U.K.) Ltd.—committed a total of 33 violations by re-exporting or causing the export of EAR99 heat tracing equipment manufactured in the United States by Thermon Manufacturing, without the required BIS license or, for shipments to Iran, a License from the Treasury Department’s Office of Foreign Assets Control.
The Thermon subsidiaries did not inform Thermon Manufacturing of the ultimate destinations for the items and had been informed by Thermon Manufacturing in February 2005 that “products manufactured by Thermon US may not be sold to countries on the US trade sanctions list,” including specifically Iran, Syria and Libya.  BIS alleged that the affiliates acted with knowledge of those violations involving shipments to sanctioned countries that occurred after this warning.