The Bureau of Industry and Security (“BIS”) has assessed an $80,000.00 penalty and audit requirements for a company charged with unlicensed exports of EAR99 items to Huawei Technologies Co. Ltd. and two subsidiaries. While products falling under EAR99 generally do not require a license, Huawei and the two subsidiaries were on the BIS’s Entity List that requires a license for all exports. , click here.
CBP has issued Notices of Penalty totaling $350M to multiple companies allegedly involved in transportation of Alaskan pollock in violation of the Jones Act (“the Act”). CBP alleges that shipments of U.S. origin Alaskan pollock, sailing on foreign-flagged vessels from Alaska to New Brunswick Canada and then trucked across the border, are in violation of the Act given that the rail line used by the forwarder is only 100 feet in length and not part of a permitted “through route” on an approved Canadian railway. Loaded trucks are placed on a rail car, moved 100 feet down and back along the rail, then driven off to proceed over-the-road the approximately 15 miles to the U.S. border., click here.
Ransomware or cyber-attack payments could be in violation of U.S. Office of Foreign Asset Controls (“OFAC”) sanctions if the recipient of the funds is prohibited from being involved, directly or indirectly, in a financial transaction. OFAC has issued an updated export compliance advisory regarding dealing with ransomware and cyber-attack demands and what steps would be considered mitigating factors with any enforcement or penalty action., click here.
The Department of Commerce has issued a final rule to update regulations covering the administration and enforcement of antidumping and countervailing duty (“ADD/CVD”) laws. The changes impact many aspects of current ADD/CVD processes by the Department of Commerce including investigations, preliminary and final determinations of injury, and scope inquiries and rulings. Updates to the regulations also impact information to be provided by importers, including reimbursement certifications., click here.