Comments on: White House’s Proposed Export Legislation Released http://www.exportlawblog.com/archives/151 Latest News on DDTC, BIS, OFAC, and other export law matters Sun, 12 Oct 2008 00:36:56 +0000 http://wordpress.org/?v=2.5.1 By: John Liebman http://www.exportlawblog.com/archives/151#comment-1740 John Liebman Thu, 26 Apr 2007 16:33:27 +0000 http://www.exportlawblog.com/archives/151#comment-1740 Another aspect of the bill is the overhaul of Section 12 of the EAA. BIS has long maintained that OEE agents deputized as U.S. Marshals have legal authority to obtain and levy search warrants. I'm not so sure that U.S. Marshals have search warrant authority. I also share the general concern that if enacted, the bill will further discourage voluntary self-disclosures. Another aspect of the bill is the overhaul of Section 12 of the EAA. BIS has long maintained that OEE agents deputized as U.S. Marshals have legal authority to obtain and levy search warrants. I’m not so sure that U.S. Marshals have search warrant authority.

I also share the general concern that if enacted, the bill will further discourage voluntary self-disclosures.

]]> By: Mike Deal http://www.exportlawblog.com/archives/151#comment-1737 Mike Deal Thu, 26 Apr 2007 14:20:57 +0000 http://www.exportlawblog.com/archives/151#comment-1737 With respect, I wouldn't be so sure about its chance for passage. Tom Lantos, chairman of the House committee, never met a trade control he didn't like. The same could be said of Sen. Richard Shelby, ranking Republican on the committee in the Senate with jurisdiction, so the chance of a filibuster is relatively remote. The increase of the civil penalty in the Bush proposal to $500K suggests that all those promises by Jackson as to not charging multiple violations for one transaction simply because the civil penalty under IEEPA was recently raised from $11K to $50K shouldn't be taken seriously: If DoC is going to lobby for $500K civil penalty, their bill is politically vulnerable if they routinely seek civil penalties totalling less. With respect, I wouldn’t be so sure about its chance for passage. Tom Lantos, chairman of the House committee, never met a trade control he didn’t like. The same could be said of Sen. Richard Shelby, ranking Republican on the committee in the Senate with jurisdiction, so the chance of a filibuster is relatively remote.

The increase of the civil penalty in the Bush proposal to $500K suggests that all those promises by Jackson as to not charging multiple violations for one transaction simply because the civil penalty under IEEPA was recently raised from $11K to $50K shouldn’t be taken seriously: If DoC is going to lobby for $500K civil penalty, their bill is politically vulnerable if they routinely seek civil penalties totalling less.

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