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August 13, 2008 

BIS Imposes Civil Penalty on Illinois Company for Deemed Export Violations

The Bureau of Industry and Security (BIS) has announced that Ingersoll Machine Tools of Rockford, Illinois has agreed to pay a $126,000 civil penalty ($15,750 per violation) to settle allegations that it committed eight unlicensed deemed exports to Italian and Indian foreign nationals in violation of the Export Administration Regulations.

According to BIS, the allegations involved deemed exports of production and development technology for vertical fiber placement machines and production technology for five axis milling machines to Indian and Italian nationals between November 2003 and January 2007. The technology was controlled for National Security and Missile Technology reasons to Italy and India. In addition, the technology was also controlled to India for Nuclear Non-Proliferation reasons.

Pursuant to the deemed export rule in section 734.2(b)(ii) of the EAR, the release of controlled technology to a foreign national in the U.S. is deemed to be an export of the technology to the person's home country and a deemed export license must be obtained if the transfer of the same technology to the foreign national's home country would require an export license.

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