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October 02, 2008 

News From Day 3 of Update 2008

As in the past, Update 2008 concluded with an export enforcement plenary session, which started with a keynote speech by Daryl Jackson, Assistant Secretary for Export Enforcement. The full text of Assistant Secretary Jackson's speech can be found here. Some of the highlights of the speech included:

  • Emphasized the need for the Office of Export Enforcement (OEE) to hire more Special Agents and in more locations to conduct investigations, detect diversions and conduct outreach. Noted that OEE cannot remain in the same nine field locations – some of which cover as many as ten states – while new technology corridors are sprouting up elsewhere throughout the nation.
  • Stated that Congress must equip OEE's Special Agents with the modern investigative tools and permanent law enforcement authorities that they need to counter national security threats.
  • Reemphasized need for permanent Export Administration Act.
  • Stated that the Office of Antiboycott Compliance (OAC) will expand its efforts by engaging in collaboration with the International Trade Administration, the Departments of State and Treasury, and the U.S. Trade Representative, in order to engage governments that initiate unsanctioned boycotts. By “going to the source”, OAC will "improve its ability to finally end these impediments to international trade, and further the economies of the U.S. and our allies."
  • Sees greater penalties and consequences for noncompliance as a result of the Justice Department's Export Enforcement Initiative and greater administrative penalties as a result of the IEEPA Enhancement Act.
On a related note, the Export Practitioner recently published an article by Assistant Secretary Jackson entitled "Congress Should Modernize BIS Enforcement Authorities".

Following the keynote address, there was an export enforcement panel, moderated by Kevin Delli-Colli, Deputy Assistant Secretary for Export Enforcement and consisting of Glenn Krizay, Director of the Office of Export Analysis, Thomas Madigan, Director of the the Office of Export Enforcement and Ned Weant, Director of the Office of Antiboycott Compliance.

These panelists provided the following export enforcement statistics (these statistics cover the first three quarters of FY 2008):

Criminal Cases: 16 arrests; 46 indictments/informations; 32 convictions; $1,267,500 in fines.

Administrative Cases: 33 cases closed with final orders; Penalties imposed in 27 of the 33 cases; Civil fines totaling $2,342,132.

Voluntary Self-Disclosures (VSDs): 145 received (projected to be 193 for FY 2008); 42 of the 145 VSDs were investigated and closed (20 without action, 21 warning letters, 1 charging letter); 103 of the 145 VSDs remain under investigation.

End-Use Checks (EUCs): 352 EUCs; 35% were pre-license checks and 65% were post-shipment verifications; approximately 16% of all EUCs were unfavorable; Reviewed almost 7,000 parties; completed checks in 48 countries.




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