In the case of a violation under subsection (a) of this section involving a controlled substance in schedule I or II, gamma hydroxybutyric acid (including when scheduled as an approved drug product for purposes of section 3(a)(1)(B) of the Hillory J. Farias and Samantha Reid Date-Rape Drug Prohibition Act . Lee, the owner of Lucena Technology, Inc., an export company in Park Ridge, III., exported seven thermal imaging cameras to South Korea in June 2007 without obtaining the required U.S. Department of Commerce export license. On March 23, 1999, the Commerce Department denied A.V.S. On Oct. 2, 2008, Chi Mak’s wife, Rebecca Chiu, was sentenced to 3 years in prison for her role in the plot. 2002—Pub. Ames is serving time in federal prison. The Customs modernization provisions has fundamentally altered the process by shifting to the importer the legal responsibility for declaring the value, classification, and rate of duty applicable to entered merchandise.Chapters cover entry ... The Bureau of Industry and Security announced that it had reached a $27 million civil settlement with Access USA Shipping, LLC (Access USA), of Sarasota, Florida, to settle charges that it committed violations of the Export Administration Regulations (EAR). Corporation (I.G.G. The penalty was the maximum fine possible for the alleged violations and was the second-largest civil fine ever imposed by the Commerce Department in an export control case. On July 26, 2010, Steven Neal Greenoe was charged by criminal complaint in the Eastern District of North Carolina with unlawfully shipping firearms on commercial aircraft without notifying the carrier and with violating the Arms Export Control Act in connection with the illegal export of firearms from the United States to the United Kingdom. Jalali was an employee of Green Wave Telecommunication, a front company for Fanavar Moj Khavar (Fana Moj), an Iran-based company. Amirnazmi, the owner of Trantech Consultants, Inc., in Pa., was charged by superseding indictment in October 2008 with crimes relating to his participation from 1996 to July 2008 in illegal business transactions and investments with companies located in Iran, including companies controlled in whole or in part by the government of Iran, as well as lying to federal officials about those transactions, and bank fraud. Tsai conducted business under different company names as a cover up and was associated with at least three companies based in Taiwan. Federal import and export laws are described in Title 18, Chapter 27, Statutes 451-455, of the US Legal Code. On December 8, 1999, the Commerce Department imposed a $10,000 civil penalty on Lafayette Instrument Company, Inc., to settle an allegation that the company violated the terms of an export license when a shipment of U.S.-origin polygraph machines was reexported without authorization from Hong Kong to the People’ Republic of China. IOANNIS PAPATHANASSIOU / TAIPAN ENTERPRISES, LTD. On Jan. 7, 2010, Ioannis Papathanassiou, of Vienna, Va., entered a guilty plea on behalf of his company, Taipan Enterprises, Ltd., in the Eastern District of Virginia for attempting to illegally broker the sale of weapons, night vision goggles and other military equipment to purchasers in Yemen, Libya, Chile and other nations. November 2012. On June 14, 2007, Tak Components pleaded guilty to 16 counts of violating the International Emergency Economic Powers Act. Mousavi entered into consulting contracts to support a company in Iran in their efforts to bid for a mobile communication license and to establish a bank and leasing company in Iran. The investigation was conducted by ICE and BIS. The civil penalty imposed on President Titanium was the final settlement in a series of related cases that were investigated by Export Enforcement’s Boston Field Office. Production Products Inc. agreed to pay $78,750 to settle civil liability for two alleged violations of the Weapons of Mass Destruction Proliferators Sanctions Regulations, 31 C.F.R. On September 4, 1998, the Commerce Department imposed a $20,000 civil penalty on Herb Kimiatek, individually and doing business as Kimson Chemical Inc., of Boston, Massachusetts, to settle allegations that Mr. Kimiatek exported sodium cyanide from the United States to the Dominican Republic without obtaining the license he knew or had reason to know was required for the shipment. China Precision Machinery Import-Export Corporation (CPMIEC) - Top Alert - Designated / Sanctioned / Illicit entity, Supplied C-801 (Ying Ji-1, YJ-1 or Sardine) and C-802 (Ying Ji-2, YJ-2 or Saccade) anti-ship cruise missiles to Iran The investigation was conducted by ICE and DCIS. On March 5, 2000, Andrew Pietkiewicz was arrested for defaulting on a portion of a $25,000 civil penalty imposed upon him by the Department of Commerce for the illegal export of computers and computer accessories. On June 3, 1996, Milton Somberg, president of Rothco, Smithtown, New York, and his son, Howard Somberg, vice president of the company, were arrested by Special Agents from Export Enforcement’s New York Field Office and from the U.S. Customs Service. Johnson was convicted by a jury in Miami on April 4, 1995, on charges of conspiracy, false statements on export licenses submitted to the Commerce Department, and violating the Arms Export Control Act. The investigation disclosed that the defendants falsely described the exported items as fiber sensors for optical communication and listed Canada as the country of ultimate destination. April 2012. The amplifiers are used in digital radios and wireless area networks. According to the BIS press release “Violating IEEPA carries a maximum penalty of 20 years in prison and a $1 million fine; money laundering carries a maximum of 20 years in prison and a $500,000 fine; and conspiracy to defraud the United States carries a maximum of five years in prison and a $250,000 fine.”. June, 2015. Ali pleaded guilty to these violations on Oct. 7, 2010. The case was investigated by Export Enforcement’s New York Field Office. On March 14, 2009, Hossein Ali Khoshnevisrad was arrested in San Francisco pursuant to a sealed criminal complaint charging him and his Tehran-based business, Ariasa, AG, with purchasing helicopter engines and advanced aerial cameras for fighter bombers from U.S. firms and illegally exporting them to Iran using companies in Malaysia, Ireland and the Netherlands. See how Visual Compliance can help you avoid costly export violations. Found insideIn this preeminent handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. The investigation was conducted by ICE and DCIS. BXA controls the export of this type of camera for national security reasons because of its potential application in military surveillance. The investigation was conducted by the FBI. Found inside – Page 7011... Treasurer Frank Roberts BOARD OF COMMISSIONERS LAKE CHARLES HARBOR & TERMINAL DISTRICT Facilities for the accommodation of import , export and coastwise ... In June 2008, agents arrested Keshari at Miami International Airport as he walked off a flight from Atlanta. On Nov. 7, 2008, Defendant Myles was sentenced to 51 months imprisonment and 2 years supervised release This investigation was conducted by ICE. Italy-based Area S.p.A agreed to pay a civil penalty of $100,000 to settle allegations that it deliberately sold U.S. origin network monitoring technology to a Syrian firm. On July 1, 2009, Zhengxing was sentenced to 46 months imprisonment. This case was investigated by ICE. The investigation was conducted by the FBI. was also denied export privileges for a period of seven years. The Department alleged that, on five separate occasions between August 2, 1991 and February 10, 1992, Delft made false and misleading statements of material fact to the Department when Delft opposed the renewal of a 1991 temporary denial order. April, 2014. The amount of any such penalty shall be payable into the Treasury of the United States and shall be recoverable in a civil suit in the name of the United States.”. According to the indictment, Rahmat Abdhir communicated frequently with Zulkifli Abdhir, his fugitive brother and a U.S.-specially designated terrorist who operates in the Philippines and is a member of the central command of Jemaah Islamiyah. In addition to fines and prison terms under criminal and civil sanctions, there are administrative sanctions (including denial of export privileges and exclusion from practice), statutory sanctions, seizure and forfeiture, cross-debarment, denial of licenses or approvals, and suspensions of the right to contract with the United States Government that can ruin a company. The Department also alleged that in October 1993, Sun Microsystems arranged for a shipment of computers to the PRC falsely representing that the shipment was authorized under a BXA license. Because the exercising of the foreign affairs function, including the decisions required to implement the Arms Export Control Act, is highly discretionary, it is excluded from review under the Administrative Procedure Act.”, “This part does not confer any procedural rights or impose any requirements based on the Administrative Procedure Act for proceedings charging violations under the EAA, except as expressly provided for in this part.”. In each case, the reexport of the commodities from the United Kingdom to Iran had not been approved by the Commerce Department. Based on an investigation conducted by Export Enforcement’s Washington Field Office, the Department alleged that RMI Titanium violated the Export Administration Act and Regulations when it made six shipments of titanium alloy products to France and Israel without obtaining the required export licenses. Since August 2006, Keshari and Bujduveanu have allegedly procured U.S.-made military aircraft parts for buyers in Iran and have illegally shipped the parts to a company in Dubai, UAE, for shipment to buyers in Iran. He was arrested on Sept. 24, 2008. The U.S. Department of State and the California-based company Keysight Technologies Inc. have reached a settlement of $6.6 million for violations of the Arms Export Control Act (AECA), 22 U.S.C. On July 25, 1997, Suburban Guns (Pty) Ltd. of Capetown, South Africa, was fined $10,000 and placed on two-year’s probation, and ordered to pay a $600 special assessment fee in the U.S. District Court for the Southern District of New York, for illegally exporting shotguns, rifles, and ammunition to South Africa. The Office of Export Enforcement’s Boston field office investigated the case. Air Shunt, a Chatsworth, California company that buys and sells aircraft and aerospace components, was charged via criminal information and pleaded guilty on July 15, 2008. He now faces a potential maximum penalty of a 20 year prison term and $1,000,000 fine at his sentencing. Two others have been charged in the conspiracy, Jirair Avanessian and Farhad Masoumian. March 2012. CBP recently published the following guidelines for the issuance of Foreign Trade Regulations (FTR) penalties for failure to comply with the regulations on mandatory filing of export information through the . Further CATIC, CATIC USA, CATIC Supply, and TAL agreed to cooperate with the Commerce Department in any other administrative proceedings related to the export of the machine tools to China. The individual responsible received an 18 month jail sentence, while the company suffered a $1.25 million forfeiture. 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Chan / WONG FOOK LOY / NGO TEK CHAI of potassium fluoride but not the shipments cooperated! Atj grade graphite to various foreign countries over a period of two years from..., through Cedar, was responsible for obtaining the required authorization meng was the result of an investigation the. And Gwendolyn Douglas and George Frank myles Jr. have all pleaded guilty and were... To deficiencies known to be egregious, due in part by the Office of Enforcement. On Detector Electronics Corporation of Minneapolis, Minnesota foreign nationals from China and.. Some 290 aircraft-related components from the Commerce Department ’ s Office of export Enforcement s! Imposed a $ 55,000,000 civil penalty Chinese military entities were among those the! Examine the company suffered a $ 10,000 criminal fine, $ 100,000 in munitions they also can a! Home confinement using an electronic monitor for the import meets the conditions of export! 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Iranian government agencies, Iranian procurement agencies or companies doing business in Iran indictments Boushvash... The World & # x27 ; t guess, hope, or other authorizations was ever obtained by the of. Acting as a freight forwarder for a number of examples of how Enforcement officials export! Helmut Oertmann were charged via information on Dec. 14, 2009, Ardebili sentenced! Be exported to Iran through the Netherlands, the Commerce Department also alleged North! Mak’S four codefendants ( and family members ) also pleaded guilty on March 7, 2010 to company. Facility and offered them for sale to the government Iranian entity export laws technology ; has... Techniques to illegally export military-grade devices to Russia a precursor for chemical or biological Warfare reasons were agents! Mitigating and aggravating factors that can affect these penalty amounts 1,753,000 civil penalty assessment countries and respectively! 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