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September 15, 2004 

BIS Imposes $560,000 Penalty for Violations of the Export and "Deemed Export Provisions" of U.S. Law

The U.S. Department of Commerce's Bureau of Industry and Security (BIS) has imposed a $560,000 civil penalty on Lattice Semiconductor Corporation (Lattice) of Hillsboro, Oregon for making unlicensed exports and "deemed exports" to China in violation of the U.S. Export Administration Regulations (EAR). In its charging letter BIS alleged that on six occasions between April 2000 and July 2001, Lattice exported extended temperature range programmable logic devices to China without the required export licenses. The extended temperature range programmable logic devices are military grade semiconductor microchips that have possible dual-use technology implications. BIS also charged that, on five occasions between July 2000 and January 2002, Lattice released related technical data to Chinese nationals in the United States without the required "deemed export" licenses. BIS further charged that, on one occasion between August 2000 and September 2001, Lattice exported the related technical data to China without the required export licenses.

BIS alleged that Lattice failed to obtain export licenses for five Chinese nationals who, during the course of their employment with Lattice, were brought to the United States from China for technical training. Such technical training in the United States requires an export license. The "deemed export" provision of the EAR states that an export license is required for the release of technology to a foreign national in the United States if a license would be required for the release of technology to his/her country of citizenship.


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