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May 10, 2006 

BIS Imposes $77,000 Penalty on Florida Company for Prohibited Exports and "Deemed Exports"

The Bureau of Industry and Security (BIS) recently imposed a $77,000 penalty on the National Institute for Truth Verification (NITV) of West Palm Beach, Florida. According to its website, the NITV's mission is to "develop the latest in truth verification instruments, training and testing techniques and to equip the criminal justice community to identify the guilty and absolve the innocent. "

The settlement agreement entered into between NITV and BIS states that NITV violated the "deemed export" provisions of the Export Administration Regulations (EAR) be granting nationals of South Africa, South Korea and Mexico technology specially designed for the use of voice stress analyzers, classified as Export Control Classification Number (ECCN) 3E980, and computers containing voice stress analyzer software, classified as ECCN 3E980, without the required export licenses.

Additionally, NITV engaged in conduct prohibited by EAR by exporting a computer containing voice stress analyzer software, classified as ECCN 3E980, to South Africa without the required license. In an unusual twist to this case, BIS charged NITV with one count of acting with knowledge that a violation of the EAR was about to occur since in February 2006 NITV transferred technology specially designed for the use of voice stress analyzer equipment (ECCN 3E980) to a Mexican national even though agents of BIS's Office of Export Enforcement had met with NITV employees on January 27, 2005 and BIS had issued a proposed charging to NITV on December 27, 2005 advising that a license was required to release the technology to foreign nationals.

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