Experts from BIS Identify Key Issues for Exporters and How to Develop an Effective Export Control Program

April 24, 2018

Just as the U.S. Treasury’s Office of Foreign Assets Control (OFAC) has great influence over the implementation of U.S. sanctions policy, its cousin – the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) – plays an equally vital role in the implementation of U.S. export/import policy.

BIS regulates less sensitive military items, as well as, commodities and technology referred to as “dual-use;” these are items that are designed for both commercial and military applications.BIS derives its power mainly from the Export Administration Act (EAA) and is responsible for administrating the Export Administration Regulations (EAR). Similarly to OFAC, BIS keeps a list of regulated items called the Commercial Control List (CCL). BIS has broad jurisdiction over U.S. origin items.

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Record-breaking 1.19 Billion Fine for Chinese Tech Giant Demonstrates Broad Extraterritorial Reach of U.S. Export Control Laws

March 22, 2017
By Anna Sayre, Legal Content Writer SanctionsAlert.com

On March 7, three U.S. regulators – the Department of Treasury’s Office of Foreign Assets Control (OFAC), the Department of Commerce’s Bureau of Industry and Security (BIS), and the Department of Justice (DOJ) – entered into a coordinated settlement with Zhongxing Telecommunications Equipment Corporation (ZTE), in which the company agreed to a record-breaking combined $1.19 billion in civil and criminal penalties for knowingly shipping illegal telecommunications equipment to Iran and North Korea in violation of U.S. sanctions law. ZTE, a Chinese publicly traded telecommunications manufacturer, is the largest in China and the fourth largest telecommunications manufacturer in the world. (more…)

OFAC Issues General License Effectively Lifting Sudan Sanctions

February 3, 2017
By: Michelle Turner Roberts, Dan Fisher-Owens, Ben Flowe, Perry Bechky, Babak Hoghooghi, Ray Gold, John Ordway, and Jason McClurg*

With a stroke of his pen on January 13, 2017, by Executive Order 13761, President Obama effectively lifted the Sudan Sanctions, in recognition of the Government of Sudan’s progress in reducing offensive military action, improving humanitarian access, and cooperating with the United States in counter-terrorism efforts. (more…)

India’s Upgrade in Export Control Status and Bid to Enter ‘Dual Use’ Controls Club Point to Expansion of Non-Proliferation Efforts

February 2, 2017
By: Anna Sayre, Legal Content Writer, SanctionsAlert.com

On January 19, 2017, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) amended the Export Administration Regulations (EAR) to implement a new phase of export control cooperation between the U.S. and India.

The new rule marked the first major change to India’s “Validated End User” (VEU) status since July 2009 and follows recognition of India by BIS as a “Major Defense Partner” on June 7, 2016. (more…)

Since Wassenaar, South African Export Controls Develop Teeth

January 13, 2017
By: Anna Sayre, Legal Content Writer, SanctionsAlert.com

A decade ago South Africa was inaugurated as the first African member state of the Wassenaar Arrangement (WA), an agreement that promotes transparency in transfers of conventional arms and dual-use goods and technologies.  Since that time, South Africa has developed its export control regulations into a more modern, more cohesive regime. (more…)