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Bureau of Industry and Security (BIS)
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BIS Mission – Advance US national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership.
Next to this the mission of the Bureau of Industry and Security (BIS) Export Enforcement is to protect US national security, homeland security, foreign policy, and economic interests through a law enforcement program focused on:
- sensitive exports to hostile entities or those that engage in onward proliferation;
- prohibited foreign boycotts;
- and related public safety laws.
BIS’s Export Enforcement is a law enforcement organization which accomplishes its mission through preventative and investigative enforcement activities and then, pursuing appropriate criminal and administrative sanctions against export violators. BIS Don’t Let This Happen To You 2010 Guidance
Export Administration Regulations (EAR)
July 18, 2012- The U.S. Department of Commerce, Bureau of Industry and Security (BIS) offers the following tool to users of License Exception Strategic Trade Authorization (STA) to help them determine if they are eligible to use and will be in compliance with License Exception STA. This tool is purely voluntary and serves as a checklist to identify and verify the key eligibility and compliance requirements of the license exception.
The STA exception is only relevant to exports, reexports, and transfers for which a license is required under the EAR. Thus, if the EAR does not impose an obligation to apply for and receive a license before exporting, reexporting, or transferring an item subject to the EAR, STA is not relevant to the transaction and this tool is not relevant to you. BIS Compliance Tool
The export control provisions of the EAR are intended to serve the national security, foreign policy, nonproliferation, and short supply interests of the United States and, in some cases, to carry out its international obligations. Some controls are designed to restrict access to dual use items by countries or persons that might apply such items to uses inimical to U.S. interests. The EAR also include some export controls to protect the United States from the adverse impact of the unrestricted export of commodities in short supply.
Consequences of Violating the EAR – Violations of the EAR are subject to both criminal and administrative penalties. In some cases, where there has been a willful violation of the EAR, violators may be subject to both criminal fines and administrative penalties. However, for most administrative violations, there is no intent requirement, which means that administrative cases can be brought in a much wider variety of circumstances than criminal cases.
Supplement No. 4 to Part 744 – This Supplement lists certain entities subject to license requirements for specified items under this part 744 of the EAR. License requirements for these entities include exports, reexports, and transfers (in-country) unless otherwise stated. This list of entities is revised and updated on a periodic basis in this Supplement by adding new or amended notifications and deleting notifications no longer in effect. Entities with a status of “Presumption of denial” are effectively barred from dealing in US-origin items.
The Entity List can be found at BIS-EAR Entity List
April 27, 2012 – BIS Adds 16 Persons to Entity List – This rule amends the Export Administration Regulations (EAR) by adding sixteen persons under eighteen entries to the Entity List. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed on the Entity List under the countries of Afghanistan, Pakistan and the United Arab Emirates (U.A.E.). The Entity List provides notice to the public that certain exports, reexports, and transfers (in-country) to entities identified on the Entity List require a license from the Bureau of Industry and Security (BIS) and that availability of license exceptions in such transactions is limited. Federal Register Volume 77, Number 82 (Friday, April 27, 2012)
October 25, 2011 – BIS Adds 15 Parties to Entity List; Justice Department Indicts Five Individuals for Export Control Violations
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) today announced that it will add fifteen parties located in China, Hong Kong, Iran and Singapore to the Entity List. The parties who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. In a related action, the Department of Justice announced today the indictment of five people and four companies for fraud conspiracy involving exports to Iran of U.S. – origin components later found in bombs in Iraq.
Eight parties are being added based on evidence that they have engaged in actions that could enhance the military capability of Iran, a country designated by the U.S. Secretary of State as having repeatedly provided support for acts of international terrorism and for enhancing the capabilities of militant insurgents operating in Iraq against the U.S. military. These parties are also added because their overall conduct and deceptive practices pose a risk of ongoing violations of the Export Administration Regulations (EAR).
- Corezing International
- Hia Soo Gan Benson
- Hossein Ahmad Larijani
- Lim Kow Seng
- Lim Yong Nam
- NEL Electronics Pte. Ltd.
- Paya Electronic Complex
- Wong Yuh Lan.
The following seven parties will be added to the Entity List based on evidence that they aided and/or facilitated the activities of the procurement network.
- Action Global,
- Amaze International and
- OEM Hub Co., Ltd., all Hong Kong entities, allegedly served as front companies and are otherwise related to the other entities named today.
- Ms. Luo Jie, director of Corezing International, Action Global and Amaze International, is being added on the basis of information indicating that she was involved in the procurement and attempted procurement of U.S. power amplifiers intended for end-users in China, as well as in the diversion of various U.S.-origin goods through Hong Kong to Iran.
- Parto Systems Tehran, an Iranian freight forwarder, is being added based on information indicating that it was involved in the diversion of U.S.-origin items to Iran and is closely associated with Hossein Ahmad Larijani.
- Surftech Electronics, a Singapore corporation established by Hia Soo Gan Benson, is co-located with Corezing International and allegedly sought to purchase certain U.S.-origin items for shipment to Iran.
- Mr. Zhou Zhenyong, director of Corezing International, is being added based on information that he was specifically involved in the procurement and attempted procurement of U.S.-origin items, including U.S.-origin munitions items destined for end-users in China and/or Iran.
September 06, 2011 – Federal Register / Vol. 76, No. 172 / Tuesday, September 6, 2011 / Rules and Regulations – The Netherlands Antilles, consisting of Curacao, Sint Maarten, Bonaire, Saba, and Sint Eustatius, dissolved on October 10, 2010. Curac¸ao and Sint Maarten (the Dutch two-fifths of the island of Saint Martin) became semi-autonomous entities within the Kingdom of the Netherlands. Bonaire, Saba, and Sint Eustatius now fall under the direct administration of the Netherlands. In addition, BIS has recognized that the country previously referred to in the Commerce Country Chart as ‘‘East Timor’’ should instead be referred to by its proper name, which is ‘‘Timor-Leste.’’
August 15, 2011 – Federal Register / Vol. 76, No. 157 / Monday, August 15, 2011 / Rules and Regulations – Revision of the Entity List – Adding of names in Cyprus, Greece, Iran, Syria, Ukraine, and the United Kingdom (U.K.).
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