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January 29, 2004 

BIS Announces Settlement with Emcore Corporation on Violations of the Export Administration Regulations

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) announced that Emcore Corporation of Somerset, New Jersey has agreed to pay a $400,000 civil penalty to settle charges that it violated the Export Administration Regulations (EAR) in connection with exports of Metal Organic Vapor Disposition (MOCVD) tools to China and Taiwan. Exports of MOCVD tools to China and Taiwan are controlled for national security and anti-terrorism reasons.

BIS alleged that between 1998 and 2003, Emcore committed 71 violations of the EAR related to the export of MOCVD tools to China and Taiwan. BIS alleged that Emcore knowingly exported the MOCVD tools to consignees located in Taiwan without the required export licenses, illegally serviced the tools, failed to file Shippers Export Declarations (SEDs), and failed to retain certain export control documents. BIS also charged that between 2000 and 2003, Emcore made false statements to the U.S. government and violated conditions on export licenses that it had received for exports of MOCVD tools to consignees in China.

BIS said that Emcore voluntarily self-disclosed the violations and cooperated fully with the investigation.




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