March 2012
Global Trade Expertise Logo



Global Trader Newsletter
In This Issue
EXPORT NEWS
Executive Order Blocks Property of Government of Iran & Iranian Financial Institutions
NY Man & Co. Sentenced for Conspiracy to Export Computer-Related Equipment to Iran
Major Freight Forwarders Debarred from Contracting with U.S. Government
OFAC Posts Recent Penalty Information
CUSTOMS NEWS
USTR Issues Request for Petitions to Modify Origin Rules under CAFTA-DR
FTZ Board Amends FTZ Regulations
Presient Orders Establishment of Interagency Trade Enforcement Center
Calendar of Events
Who's Hiring

Quick Links  

Join Our Mailing List
Greetings!

Last month's import/export highlights include: five major freight forwarders are debarred from contracting with the U.S. government; a NY man and company are sentenced for conspiracy to export computer-related equipment to Iran; OFAC posts recent penalty information; USTR requests petitions to modify origin rules under CAFTA-DR; FTZ Board amends FTZ Regulations; and President Obama establishes an Interagency Trade Enforcement Center under the USTR.

As always, thank you for reading!
 
Jennifer Kessinger, Tammie Krauskopf
& Ruta Riley
globaltradeexpertise
info@globaltradeexpertise.com
Export News

President's Executive Order Blocks Property of the Government of Iran and Iranian Financial Institutions  

White House
On February 5, 2012, President Obama signed Executive Order 13599 that blocks all property and interests in property of the Government of Iran and any Iranian financial institution, including the Central Bank of Iran, that are or will come within the control of the United States. The Order also blocks the property and interests in property of those United States persons that deal with persons blocked by the Executive Order.  

The Executive Order defines "United States person" as "any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States."

NY Man and Company Sentenced for Conspiracy to Export Computer-Related Equipment to Iran 

handcuffs
On February 17, 2012, the U.S. Department of Justice (DOJ) issued a press release stating that Jeng "Jay" Shih, a 54-year old U.S. citizen, was sentenced in the District of Columbia to 18 months in prison, while his company Sunrise Technologies and Trading Corporation of Queens, NY, was sentenced to 2 years corporate probation for conspiracy to illegally export U.S.-origin computers from the U.S. to Iran through the UAE. Shih and his company must also forfeit $1.25 million.

On October 7, 2011, Shih and his company each pleaded guilty to conspiracy to violate the International Emergency Economic Powers Act (IEEPA) and to defraud the U.S. Under the terms of the plea and related civil settlements with the U.S. Department of Commerce's Bureau of Industry and Security (BIS) and Office of Foreign Asset Controls (OFAC), Shih and his company agreed to forfeiture in the amount of $1.25 million. In addition, Shih and his company are denied export privileges for 10 years; however, this penalty will be suspended as long as neither Shih nor Sunrise commits any export violations.

Shih was arrested on a criminal complaint on April 6, 2011, and indicted on April 21, 2011. The case court documents state that, beginning as early as about 2007, Shih conspired with a company operating in Dubai, UAE, and Tehran, Iran, to procure U.S.-origin computers through Sunrise and export those computers from the U.S. to Iran, through Dubai, without first obtaining a license or authorization from OFAC.
 
Specifically, in April 2010, Shih and his company illegally exported 368 units of computer-related goods to Dubai, which were later shipped to Iran.  The defendants subsequently illegally exported additional 343 units of computer-related goods to Iran via Dubai.
Major Freight Forwarders Debarred From Contracting with U.S. Government    Truck
Freight forwarders placed on EPLS

Five major freight forwarders who in the past have provided services to the U.S. Government have been added to the Excluded Party List System (EPLS). Being placed on the EPLS means that the entity is debarred from contracting with the U.S. government. The debarred freight forwarders are:
  • BAX Global Inc., 440 Exchange, Irvine, California 92602;
  • Kühne + Nagel International AG (Kühne), Post Office Box 67, Schindellegi, Switzerland;
  • Panalpina Welttransport (Holding) AG, Postfach, Basel, Switzerland 4002;
  • Panalpina Inc., 1776 On the Green, 67 E Park Place Fl 3, Morristown, New Jersey 07960; and
  • Schenker AG, Alfredstr. 81, Essen, Nordrhein-Westfalen, Deutschland 45130.
In September 2010, Kühne + Nagel International AG, Panalpina World Transport (Holding) Ltd., Schenker AG, and BAX Global Inc. pleaded guilty to criminal price-fixing charges and antitrust violations and agreed to pay $50.7 million in criminal fines to the U.S. Government.

OFAC Posts Recent Penalty Information    

    

Treasury SealThe Office of Foreign Assets Control (OFAC) posted on its website recent penalty information:
  • Teledyne Technologies Incorporated and its subsidiary, Teledyne RD Instruments, Inc. (Teledyne), have agreed to pay $30,385 to settle allegations of violating the Sudanese Sanctions Regulations. OFAC alleged that on two occasions in 2007 Teledyne indirectly exported Acoustic Doppler Current Profilers (ADCP) to Sudan valued at $122,766.  The base penalty amount for the alleged violations was $61,383. Teledyne voluntarily self-disclosed this matter to OFAC. The settlement amount reflected the facts that Teledyne had no history of prior OFAC violations; the exports of the ADCPs caused minimal harm to sanctions programs objectives; and Teledyne took appropriate remedial action upon learning of the potential OFAC violations.
  • Richland Trace Homeowners Association, Inc. (Richland Trace), of Dallas, TX, has been assessed a penalty of $9,000 for violating the Former Liberian Regime of Charles Taylor Sanctions Regulations (Liberian Regulations).  Richland Trace used $9,500 of the proceeds from the February 3, 2009, sale of property in which a person designated pursuant to Executive Order 13348, Blocking Property of Certain Persons and Prohibiting the Importation of Certain Goods from Liberia, had an interest, to reimburse itself for past assessments and late fees that had accrued against the property since December 2005.  As a result, OFAC determined that Richland Trace violated the prohibition against dealing in blocked property set forth in the Liberian Regulations. Richland Trace did not voluntarily self-disclose the violation to OFAC.  The base penalty amount for the violation was $10,000. The assessed penalty amount reflected the fact that Richland Trace displayed reckless disregard for U.S. sanctions by failing to comply with the conditions of its OFAC license but had no history of prior OFAC violations.  
  • Online Micro, LLC (Online), of Costa Mesa, CA, and one of its principal owners (the Owner) have agreed to settle administrative charges made by the OFAC arising from apparent violations of the Iranian Transactions Regulations (ITR).  The apparent violations relate to unlicensed exports by Online and the Owner, between 2009 and 2010, of computer-related goods indirectly from the United States through Dubai, United Arab Emirates, to Iran in apparent violation of the ITR.  Online, the Owner, and OFAC agreed to a settlement in the amount of $1,054,388 with respect to apparent violations of the ITR by Online and the Owner.  This settlement with OFAC was related to criminal plea agreements reached by Online, the Owner, and the Office of the United States Attorney for the District of Columbia, as well as settlement agreements between Online, the Owner, and the U.S. Department of Commerce's Bureau of Industry and Security (BIS).  OFAC's settlement with Online and the Owner has been deemed satisfied by their acceptance of criminal responsibility, the criminal forfeiture of assets, and the restrictions imposed by BIS against Online and the Owner.
Online and the Owner each pleaded guilty in the U.S. District Court for the District of Columbia to one count of criminal conspiracy to violate IEEPA and the ITR after an indictment arising from the same conduct was filed by the U.S. Department of Justice.  In addition to the forfeiture of a money judgment in the amount of $1,899,964 by Online and the Owner, Online and the Owner also accepted BIS Export Denial Orders which prohibit them from exporting any goods from the United States for a ten-year period. The BIS Export Denial Orders were suspended in their entirety provided Online and the Owner remain in compliance with the terms of their Settlement Agreements with BIS and with the Export Administration Regulations.  Online and the Owner did not voluntary disclose these matters to OFAC.  OFAC considers the apparent violations to be egregious.


Customs News 

U.S. Trade Representative Issues Request for Petitions To Modify Rules of Origin Under CAFTA-DR

Comments are due on April 17, 2012.  

 

USTROn February 17, 2012, Office of the United States Trade Representative (USTR) posted in the Federal Register a notice of opportunity to file petitions requesting changes to the non-textile and non-apparel products rules of origin under the Dominican Republic - Central America - United States Free Trade Agreement (CAFTA-DR).

The notice solicits proposals on appropriate changes that USTR should consider for modifying the CAFTA-DR's rules of origin under Article 4.14 of the Agreement. Administrative submission requirements are specified in the Federal Register notice.

Foreign-Trade Zones Board Amends FTZ Regulations 

New regulations take effect April 30, 2012 
 
FTZ BoardOn February 28, 2012, the Foreign-Trade Zones Board (the Board) posted a final rule in the Federal Register that revises its regulations. The final rule is comprehensive and completely replaces the present version of 15 CFR Part 400.

According to the rule, "the changes simplify many of the Board's procedures, including those for users to obtain authority related to manufacturing and value-added activity, and include new rules designed to address compliance with the Act's requirement for a grantee to provide uniform treatment for the users of a zone. The new rules improve flexibility for U.S.-based operations, including export- oriented activity; enhance clarity; and strengthen compliance and enforcement. The revisions also reorganize the regulations in the interest of ease-of-use and transparency."

The more significant changes implemented by the amended Regulations include:

Definitions
- Definition of "production" substantively combines definitions of "manufacturing" and "processing";
- Added definition of "activation limit";  
- Other definitions added for "alternative site framework (ASF)", "Board Order",  "magnet site", "modification", "service area", "usage-driven site", and "zone plan" (replacing "zone project").

Production Activity
- Implements a new standard "notification" process for all proposed production.

Subzone-Designation Procedures
- Complete separation of processes for subzone designation for a physical location and approval for production activity at that location.
- Dramatically simplified application requirements for subzone designation - largely parallel requirements for minor boundary modifications.
Application Requirements, Processing, and Review Standards
- Submission of a "legal description" no longer ordinarily required for proposed FTZ sites.
Prior Disclosure
- Final rule eliminates proposed "prior disclosure" provision based on narrowed focus of fining provision.

A summary of key provisions in the revised FTZ Board Regulations is available on the Board's website.

President Obama Orders Establishment of the Interagency Trade Enforcement Center   

USTR
On February 28, 2012, President Obama signed Executive Order that establishes within the Office of the U.S. Trade Representative (USTR) an Interagency Trade Enforcement Center (ITEC). The ITEC will coordinate matters relating to enforcement of U.S. trade rights under international trade agreements and enforcement of domestic trade laws among USTR and the Departments of State, Treasury, Justice, Agriculture, and Homeland Security, the Office of the Director of National Intelligence, and other agencies as the President or the USTR may designate.

The mission of the ITEC is to:  

"(a) serve as the primary forum within the Federal Government for USTR and other agencies to coordinate enforcement of U.S. trade rights under international trade agreements and enforcement of domestic trade laws;
(b) coordinate among USTR, other agencies with trade related responsibilities, and the U.S. Intelligence Community the exchange of information related to potential violations of international trade agreements by our foreign trade partners; and
(c) conduct outreach to U.S. workers, businesses, and other interested persons to foster greater participation in the identification and reduction or elimination of foreign trade barriers and unfair foreign trade practices."

Calendar of Events
Upcoming Trade Events & Seminars

datebookOur website has a comprehensive listing of import and export conferences held throughout the country, as well as Customs training, EAR training, ITAR training, and other training. Below is a small sampling of what's available in the coming months:

Complying with U.S. Export Controls - Bureau of Industry and Security
April 4 - 5, 2012 - Denver, CO - $450

Complying with U.S. Export Controls - Bureau of Industry and Security
April 24 - 25, 2012 - Silicon Valley, CA - $475

Encryption Controls - Bureau of Industry and Security
April 26, 2012 - Silicon Valley, CA - $325

Essentials of U.S. Export Controls - Bureau of Industry and Security
April 17, 2012 - Portsmouth, NH - $250

How to Develop an Export Management and Compliance Program - Bureau of Industry and Security
April 18, 2012 - Portsmouth, NH - $250

Complying with International Traffic in Arms Regulations - Bureau of Industry and Security
April 19, 2012 - Boston, MA - $250

Complying with U.S. Export Controls - Bureau of Industry and Security
May 7 - 8 , 2012 - Newport Beach, CA - $257

Complying with U.S. Export Controls - Bureau of Industry and Security
May 9 - 10, 2012 - Newport Beach, CA - $350

Complying with U.S. Export Controls - Bureau of Industry and Security
May 15 - 16, 2012 - Memphis, TN - Details not yet posted

Complying with International Traffic in Arms Regulations - Bureau of Industry and Security
May 17, 2012 - Memphis, TN - Details not yet posted

Who's Hiring?
A Summary of Current Trade Job Opportunities

hand signing formAs a service to the international trade community, Global Trade Expertise compiles links to trade job opportunities from many different sources. New trade job listings are posted frequently on our website.

To sort the job opportunities by region, fields, or levels, click on the appropriate category or tag in the right column on our Trade Jobs webpage.

Thanks again for your interest in our newsletter!
 
Sincerely,
 
Jennifer Kessinger, Tammie Krauskopf & Ruta Riley
Attorneys & Consultants

jk@globaltradeexpertise.com
Tel. 925.876.1381 (Jennifer Kessinger)

tk@globaltradeexpertise.com

Tel. 708.707.4087 (Tammie Krauskopf)

rr@globaltradexpertise.com
Tel. (630) 862-8123

www.globaltradeexpertise.com
Flag of India