Archive for the ‘BIS’ Category


Jul

18

Crime and Punishment and Punishment and Punishment


Posted by at 9:56 pm on July 18, 2013
Category: BISCriminal Penalties

MicroPilot AutopilotFour years ago, this blog reported on the case of Harold and Nina Hanson, a Maryland couple accused of exporting autopilot devices to China without a license. The Hansons ultimately pleaded to felony false statement charges in connection with statements they made to BIS investigators. Nina was sentenced to 105 days in jail and one year of supervised release. Harold was sentenced to two years of supervised release. Both were required to attend an export training class conducted by BIS, which some wags will suggest was the severest punishment meted out to the Hansons.

Of course, criminal sentencing is never the end of the matter with federal regulators normally hanging around the doors of the jail to pile on more punishments when the defendants are ultimately released. And the same thing has happened here with BIS announcing two days ago that it was imposing a 15-year export denial order on Nina and Harold Hanson to settle charges that they made false statements to BIS investigators. Am I the only one who sees the irony in ordering the Hansons to go to export training school and then ordering them not to export anything for fifteen years? It seems not too far removed from forcing a convicted killer to go to anger management classes before executing him.

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Copyright © 2013 Clif Burns. All Rights Reserved.
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Jun

13

Syria Sanctions Loosened To Benefit Rebels and Civilian Population


Posted by at 9:04 pm on June 13, 2013
Category: BISOFACSyria

By Bo yaser (Own work) [CC-BY-SA-3.0 (http://creativecommons.org/licenses/by-sa/3.0)], via Wikimedia Commons http://commons.wikimedia.org/wiki/File%3ADestruction_in_Homs_(4).jpg
ABOVE: Destruction in Homs, Syria

Just as the Assad government appears to be gaining ground back from the rebels, the White House announced certain measures loosening the sanctions on Syria. Yesterday, BIS issued a notice on its website that it would begin processing licenses for exports of certain goods related to reconstruction of infrastructure in areas held by the rebels. Specifically, the agency indicated that license applications would be accepted for commodities, technology and software related to

water supply and sanitation, agricultural production and food processing, power generation, oil and gas production, construction and engineering, transportation, and educational infrastructure. . . .

BIS promised that implementing regulations “shortly” but indicated that applications could be filed “immediately.”

Similarly, OFAC released a Statement of Policy permitting the export of a somewhat narrower group of services. The Statement of Policy indicates that OFAC will consider on a case-by-case basis applications to permit services in the Syrian telecommunication industry to enable private persons to better access the Internet and in the agricultural sector. Certain petroleum transactions benefiting the rebel forces may also be authorized. Finally, OFAC revised Syria General License 11 and replaced it with General License 11A authorizing NGOs to engage in certain activities designed to preserve the cultural heritage of Syria including museums, historic buildings and archaeological sites.

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Copyright © 2013 Clif Burns. All Rights Reserved.
(No republication, syndication or use permitted without my consent.)

Jun

4

Nice Work If You Can Get It


Posted by at 8:26 pm on June 4, 2013
Category: BISCriminal Penalties

Toray Carbon Fiber http://brooknewmaterial.com/english/proshow.asp?articleid=609 [Fair Use]Lisong Ma, a Chinese national, pleaded guilty last week to charges that he attempted to export carbon fiber from the United States without a license. Carbon fiber meeting certain technical qualifications is classified as ECCN 1C010 and would require a license from the Bureau of Industry and Security (“BIS”) before it could be exported to China. Reading the DOJ press release announcing the plea suggests that the defendant was either incredibly stupid or that something else was going on.

According to the DOJ account, the defendant contacted an undercover agent online and inquired into the purchase of a large amount of Toray T800 carbon fiber. What is strange is that the defendant actually came to the United States to close the deal. And, of course, the rest is history.

But what make this strange is that the Toray carbon fiber is made in Japan and appears to be readily available in China. Either the defendant was just dumber than the carbon fiber he was trying to buy or, possibly, the agents proposed an incredibly attractive price to lure him into the United States. Admittedly the failure to recognize a price “too good to be true,” if that is what happened here, is probably also a form of stupidity

As is typical with press releases of this kind, the government agencies involved spare no effort to pat themselves on the back for nabbing this dangerous criminal through “covert cyber operations.” Although “covert cyber operations” sounds intriguing, what it means, ultimately, is having a bunch of federal agents surf the net and hang out at alibaba.com looking for exporters to nab by dangling sweet deals in front of them. As they say (or sing sometimes): nice work if you can get it.

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May

20

UMass Lowell Fined For Entity List Violations


Posted by at 4:54 pm on May 20, 2013
Category: BISEntity List

SUPARCO HQ http://www.suparco.gov.pk/assets/images/hq.jpg [Fair Use]Back in April the University of Massachusetts at Lowell (the “University”) agreed to pay to the Bureau of Industry and Security (“BIS”) a suspended penalty of $100,000 in connection with its unlicensed export of an atmospheric sensing device, antennae and cables valued at slightly more than $200,000 to Pakistan’s Space and Upper Atmosphere Research Commission (“SUPARCO”). The fine will be waived if the university does not commit any more export violations during a probationary period of two years.

The items at issue were all classified as EAR99. The violation occurred because SUPARCO is on BIS’s Entity List. The licensing policy for SUPARCO has a presumption of approval for EAR99 items, so had the university applied for a license for these exports, it almost certainly would have been granted.

The atmospheric sensing device is likely the basis for this research paper titled “Study of maximum electron density NmF2 at Karachi and Islamabad during solar minimum (1996) and solar maximum (2000) and its comparison with IRI” and co-authored by employees of SUPARCO and a professor at the University. This paper raises an interesting deemed export issue since transfer of technology, even EAR99 technology, would be a violation of the EAR unless the transferred technology was “publicly available” or if it qualifies as “fundamental research.” It is not always easy to determine whether discussions with foreign persons on the Entity List fall within these exceptions, so cooperative projects with such persons by a university will always entail more than a modicum of risk.

 

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May

2

Snooping on the Snoopers


Posted by at 6:02 pm on May 2, 2013
Category: BISSyria

By DSOA (Own work) [CC-BY-3.0 (http://creativecommons.org/licenses/by/3.0)], via Wikimedia Commons http://commons.wikimedia.org/wiki/File%3ADubaiSiliconOasisHeadQuarters-exterior2.JPG
ABOVE: Computerlinks FZCO
HQ, DSO Building, Dubai


The Dubai subsidiary of Munich-based Computerlinks recently agreed to pay $2.8 million dollars to the Bureau of Industry and Security (“BIS”) to settle charges that the Dubai subsidiary exported sophisticated Internet surveillance software to Syria without the required licenses. BIS had previously placed one individual and one company in the U.A.E. on the entity list in connection with the unlicensed export of these Internet devices to Syria

The charging documents are unusually detailed and reveal what appears to have been a systematic effort by the Dubai subsidiary to lie to Blue Coat, the manufacturer of the devices, about the ultimate destination of the equipment. One of the exports at issue was described as follows:

On or about October 29,2010, Computerlinks FZCO placed an order with Blue Coat for eight devices used to monitor and control web traffic along with accompanying equipment and software. Computerlinks FZCO falsely stated that the items were intended for the Iraq Ministry of Telecom, concealing the fact that the items actually were destined for Syria. Upon receiving the order, Blue Coat reexported the items from its facility in the Netherlands to Computerlinks FZCO in the U.A.E. On or about December 15, 2010, Computerlinks FZCO directed the items’ transfer within the U.A.E. for their subsequent shipment to Syria for use by the state-run Syrian Telecommunications Establishment (STE).

This is one of the highest fines BIS has ever imposed, ranking, by my count, only behind the $15 million imposed on Balli Aviation and related companies in 2010. This is due, in part, to the fact that this violation was not voluntarily disclosed. In fact, judging from the gleeful and somewhat self-serving press release from Blue Coat commending BIS for whacking Computerlinks, it is reasonable to assume that Blue Coat discovered the diversion and dropped the dime on Computerlinks.

No doubt Blue Coat discovered the diversion because the devices that Syria used to snoop on its citizens were probably also snooping on Syria at the same time. And you have to be more than a little surprised that the people at the Dubai subsidiary of Computerlinks were too stupid to realize that this would happen.

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Copyright © 2013 Clif Burns. All Rights Reserved.
(No republication, syndication or use permitted without my consent.)