International TradeNewsletter - January 9, 2002
In this Issue...
Bureau of Export Administration (BXA)
January 9, 2002
- The BXA is reviewing the existing license exemption contained in the
Export Administration Regulations (EAR) for the export of controlled missile
technology with a view to introducing a license requirement for export to
Canada. The BXA seeks comments as to how the introduction of a license
requirement for the export of missile technology to Canada would affect the
exporting community. Three copies of written comments are due by February
19, 2002. Further information is available at
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2001_register&docid=01-31322-filed.pdf or from a Holland & Knight trade attorney.
- The BXA has published a final rule implementing the Wassenaar Arrangement
agreed to at the December 1, 2000, meeting on Export Controls for
Conventional Arms and Dual-Use Goods and Technologies (Wassenaar
Arrangement). This final rule revises certain entries controlled for
national security reasons in Categories 1, 2, 3, 4, 5 Part I
(telecommunications), 6, 7 and 9 to conform with changes in the List of
Dual-Use Goods and Technologies maintained and agreed to by governments
participating in the Wassenaar Arrangement. A copy of the final rule is
available at
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2002_register&docid=02-10-filed.
- BXA Penalizes Two Companies for Export Violations: BXA has imposed a
$52,500 civil penalty on Automated Quality Technologies, Inc., of Shoreview,
Minnesota, and $9,000 penalty on two foreign subsidiaries of the Sunbeam
Corporation, a Florida-based consumer products company, for violating U.S.
export laws. Automated Quality Technology, also known as Lion Precision,
agreed to the penalty to settle charges that it exported measuring probes to
Singapore, Taiwan and Thailand without the required licenses. A portion of the
Lion Precision’s penalty - $42,500 - was suspended and will be waived after
two years, provided that the company does not commit any violations during
this two-year period. The Sunbeam Corporation voluntarily disclosed that its
two foreign subsidiaries, Coleman Benelux, B.V. and Sunbeam Europe, Limited,
had violated U.S. anti-boycott laws by agreeing not to use ships
"blacklisted" by the Israeli Boycott Office in Lebanon, and by
giving prohibited information when it recorded this agreement on shipping
documents. The company also failed to report its receipt of the boycott
request in a timely fashion.
- BXA Lists the Countries Requiring Cooperation with Boycotts: The U.S.
Department of Treasury has published the current list of countries that may
require participation in, or cooperation with, an international boycott as
defined in U.S. law. Participation in or cooperation with such a boycott is
prohibited by the Export Administration Regulations (EAR) and subjects U.S.
companies to civil and criminal penalties. See related story "BXA
Penalizes Two Companies for Export Violations" in this issue.
- BXA New Fact Sheet and FAQs on the Trade Sanctions Reform and Export
Enhancement Act. The updated fact sheet and FAQs provide additional
details and assistance to exporters interested in taking advantage of the new
licensing requirements that permit the export of agricultural and medical
commodities to Cuba, Iran, Libya and Sudan. For more information visit
http://www.bxa.doc.gov/factsheets/TSRAnExpEnhanceActFactSheet122101.html
and http://www.bxa.doc.gov/factsheets/TSRAsFAQs122101.html or contact your
Holland & Knight trade attorney.