Author Archive


Aug

24

British Thermal Imaging Device Found in Hezbollah Bunker


Posted by at 8:04 pm on August 24, 2006
Category: Night Vision

Thermo-Vision 1000Recent news reports indicate that British-made thermal imaging device, the Thermovision 1000, was found by Israeli troops in Hezbollah bunkers in southern Lebanon. It is believed that these units were sold by Britain to Iran through a U.N. sponsored drug control program and were intended to assist the Iranian police in their efforts to interdict drug smuggling across the Iran-Afghanistan border.

The export to Iran would have required an end-use certificate from Iran which, it appears, the Iranians disregarded. A spokesman for the British Foreign Officer stated:

We view the diversion of materials which have been authorised for export very seriously

There is, perhaps, a bit of unintended irony in the spokesman’s statements. The British Government, when signing end-use certificates (Form DSP-83) for exports of defense articles from the United States to the United Kingdom, has accompanied those certificates with a reservation that the British government reserved the right to re-export those defense articles without authorization from the U.S. if the British Government deemed it in its interest to do so. This undercuts more than a little the Foreign Office’s protestations that Iran appears to have ignored the end-use certificates that it signed.

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Copyright © 2006 Clif Burns. All Rights Reserved.
(No republication, syndication or use permitted without my consent.)

Aug

23

They Can Always Use Abacuses


Posted by at 7:33 am on August 23, 2006
Category: OFAC

Leave Home Without ItU.S. citizens can now work for certain NGOs in Iran . . . as long as they leave their laptops at home.

On August 22, 2006, OFAC announced a General License permitting U.S. citizens to work for six specified NGOs in Iran. Prior to issuance of the general license, the Iranian Sanctions regime would have prohibited U.S. citizens from working in Iran without specific approval from OFAC. The six NGOs eligible for the general license are the United Nations, the World Bank, the International Monetary Fund, the International Atomic Energy Agency, the International Labor Organization and the World Health Organization. OFAC indicated that the reason for the change in policy is “the U.S. interest in promoting the hiring and retention of Americans by international organizations.”

OFAC, however, maintained a significant and largely inexplicable exception to the General License:

The CCL includes items such as laptops, personal computers, cell phones, personal digital assistants and other wireless handheld devices/blackberries, and other similar items. The exportation of these items to Iran, even on a temporary basis, is prohibited, unless
specifically authorized in a license issued pursuant to this part. . . .

For example ECCN 4A994 controls computers having an “Adjusted Peak Performance” (“APP”) equal to or greater than 0.00001 Weighted TeraFLOPS (“WT”). Items in that category require a license prior to export to Iran. Almost all commercially available computers exceed the 0.00001 WT benchmark (which is equivalent to the performance of an Intel 386 chip).

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Copyright © 2006 Clif Burns. All Rights Reserved.
(No republication, syndication or use permitted without my consent.)

Aug

22

BIS Fines Exporter of Thermal Imaging Camera


Posted by at 7:17 am on August 22, 2006
Category: BIS

Raytheon Thermal Eye CameraOn August 17, BIS announced that Lawrence Scibetta of Port St. Lucie, Florida, has agreed to pay a $30,000 civil penalty and be subject to a 20-year denial of export privileges. BIS’s press release indicated that the items which Scibetta attempted to export in violation of the EAR were “two Raytheon thermal imaging cameras.” Neither the press release nor the charging letter revealed the models involved. The cameras were destined for shipment to the United Arab Emirates.

Thermal imaging cameras that meet the technical specifications described in ECCN 6A003.b.4 and ECCN 6A002.a.3.f may require licenses for export to certain destinations. Export-controlled thermal imaging cameras are available from many retailers, not all of whom are aware of, or advise their customers of, export restrictions. Mr. Scibetta, however, had been advised that the cameras involved required an export license.

In addition to the attempted export violation, the charging letter also alleged that Mr. Scibetta violated BIS’s regulations by (a) buying the cameras with an intent to export them; (b) possessing the cameras with an intent to export them; and (c) stating in an affidavit to BIS that he was unaware that the cameras required an export license.

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Copyright © 2006 Clif Burns. All Rights Reserved.
(No republication, syndication or use permitted without my consent.)

Aug

21

Welcome to ExportLawBlog!


Posted by at 7:54 pm on August 21, 2006
Category: General

Today is the launch for ExportLawBlog, which will feature daily news and commentary on developments in export law. We are still in “beta,” so your comments and input are welcome. Over the next month or so we will continue to improve this site, adding features and tinkering a bit with it’s look and feel.

Your “blog host” is me, Clif Burns. I am a partner at Powell Goldstein LLP in Washington, DC, and an Adjunct Professor of Law at the Georgetown University Law Center. A large portion of my practice is devoted to export law matters, including the export regime controls of the Department of State and the Department of Commerce.

Thanks for dropping by and come back often.

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Copyright © 2006 Clif Burns. All Rights Reserved.
(No republication, syndication or use permitted without my consent.)