International Trade Law News

Published by Jacobson Burton Kelley PLLC

The Bureau of Industry and Security (BIS) has published its annual report for Fiscal Year 2005 (October 1, 2004, through September 30, 2005). In addition to an overview of BIS's activities during the past year, including describing regulatory changes, the report contains extensive tables on licensing and enforcement activity, including a detailed list of approved license applications for Country Group D:1 and Cuba. The report's highlights include:

• BIS processed 16,719 export license applications (compared to 15,534 in Fiscal Year 2004) worth approximately $36 billion, in an average processing time of 31 days. Of those applications, BIS approved 14,100, returned 2,380 without action and denied 239 applications.
• The average license processing time was 14% shorter than in Fiscal Year 2004.
  
• The highest number of approvals under one commodity classification was for thermal imaging and light intensifying cameras (ECCN 6A003), with 2,413 approved applications worth $68.2 million.
• The highest number of approvals under one commodity classification was
  for thermal imaging and light intensifying cameras (ECCN 6A003), with 2,413 approved applications worth $68.2 million.
• China was the destination for the largest number of approved licenses. BIS approved
  1,303 licenses for exports to China, worth more than $2.4 billion (31% of for "deemed exports" licenses).
• BIS investigations resulted in the criminal conviction of 31 individuals and businesses and the imposition of more than $7.7 million in criminal fines for export and antiboycott violations (compared to 33 convictions and $2.9 million in criminal fines in Fiscal Year 2004).
  
• BIS investigations resulted in the completion of 74 administrative cases against individuals and businesses and the imposition of $6.8 million in administrative penalties (compared to 69 cases and 6.2 million in administrative penalties in Fiscal Year 2004).
• Processed approximately 1,600 technical review requests for over 2,600 controlled encryption products, components and source code items. Of the 2,600 controlled products, 2,099 were encryption products and components submitted for 30-day technical
  review for potential exclusion from the government end-user licensing requirement.
• Approved 636 license applications for the export or reexport of “restricted” encryption products (e.g., high-end routers and other network infrastructure equipment)
  and technology outside the U.S. and Canada to non-sanctioned end-users outside Country Group E:1. Estimated value of these transactions was $61.2 million.
• Approved 483 liceapplicationstons worth more than $3 billion to Cuba. Most of the licenses were for EAR99 agricultural products authorized under TSRA.

Labels: BIS