BIS Issues Proposed Antiboycott Penalty Guidelines
In a long overdue, but welcome, development, the Bureau of Industry and Security's (BIS) Office of Antiboycott Compliance (OAC) today published in the Federal Register a proposed rule setting forth penalty guidelines for violations of the antiboycott provisions of the Export Administration Regulations (EAR)). These penalty guidelines are similar to those published by BIS's Office of Export Enforcement in February 2004 for violations of other provisions of the EAR.
The proposed antiboycott penalty guidelines set forth specific procedures for voluntary self disclosures of violations to OAC, provide guidance on how OAC will respond to violations of the antiboycott provisions, and describe how OAC will makes penalty determinations in the settlement of administrative enforcement cases related to the antiboycott provisions. As with the other penalty guidelines issued by BIS, the proposed guidelines set forth a number of general, aggravating and mitigating factors that OAC will consider when determining the appropriate penalty associated with a voluntary disclosure. For example, an effective antiboycott compliance program will be considered a mitigating factor and will be given "great weight".
Fortunately, the proposed rule states that OAC will still permit parties to submit a voluntary disclosure even if the violation has been revealed to OAC in telephone or e-mail requests for advice concerning the antiboycott regulations.
Public comments on the proposed antiboycott penalty guidelines must be submitted to BIS by August 29, 2006. A final rule will be issued after BIS reviews and considers the public comments.
Labels: BIS, Export Controls
|posted by Douglas N. Jacobson| Permalink 
