Export Regulatory and Policy Update Roundup: Summer 2023

Since our last post, U.S. export control agencies have continued take actions that may impact your business.  Ranging from the huge multi-agency settlement agreement raising supply chain issues to tweaks to the USML to updated guidance and reports, we have the highlights below.

Multi-Agency Actions

3D Systems Corporation Multi-Agency Settlement

  • New consent agreement and settlements highlight supply chain concerns (February 27, 2023)
  • Violations by Quickparts subsidiary:
    • Exports of controlled data to China and Taiwan for sourcing on-demand manufacturing services (some related to NASA & DOD contracts)
    • Controlled data on German server
    • Unlicensed access by Foreign Person Employees
    • Inadequate recordkeeping
  • Additional issues:
    • No formal compliance program or employees until 2017
    • No written export compliance procedures
    • No export compliance training
    • No export compliance strategy for IT
    • No document retention policy
  • Department of State (AECA/ITAR)
    • $20 million civil penalty
    • Special Compliance Officer (SCO)
    • 2 external audits
  • Department of Commerce (IEEPA/EAR)
    • $2.77 million civil penalty
    • 2 external audits
  • Department of Justice (False Claims Act)
    • Up to $4.54 million civil penalty

Guidance to Industry on Iran’s UAV-Related Activities

  • Describes key items sought by Iranian UAV programs and relevant controls and sanctions.
  • OFAC website, June 9, 2023

Department of State: DDTC / ITAR

ITAR Amendment expands scope of Canadian Exemption, Australia Treaty, and UK Treaty:

  • Supplement No. 1 to part 126 amended to expand the list of eligible defense articles and defense services that may be exported.
  • Changes relate to torpedoes, submarine combat control system mounting racks and cabinets, underwater acoustic decoy countermeasures, and Category IV and XII defense services.
  • 88 FR 21910, April 12, 2023

Interim final rule removes certain high-energy storage capacitors removed from USML Category XI:

  • Adds a voltage rating of one hundred twenty-five volts (125 V) criterion to XI(c)(5) (high-energy storage capacitors), formalizing a temporary suspension from 2022.
  • Requests comments on the implementation practical effects of the new threshold, as well as potential alternatives.
  • 88 FR 25488, April 27, 2023

Open General License Nos. 1 and 2 updated and extended:

  • Cover qualifying retransfers within and reexports among Australia, Canada, and the United Kingdom
  • Validity extended by 3 years, plus clarifying edits
  • 88 FR 35992, June 1, 2023

Blue Lantern and Golden Sentry Reports Released

Department of Commerce: BIS / EAR & CCL

Voluntary Self-Disclosure (VSD) Policy

  • Intended to incentivize submission of VSDs by highlighting potential costs of not filing and encouraging disclosures about the conduct of others.
  • BIS website, April 18, 2023

As always, if you need more information or assistance in any of these areas, ECS is here to help!