American Shipper

BIS proposes penalty guidance for export violations

BIS proposes penalty guidance for export violations

   The U.S. Commerce Department’s Bureau of Industry and Security has proposed to amend its Export Administration Regulations to include guidance on how the agency assesses penalties for violations.

   Many enforcement cases are resolved through settlements between the agency and exporters.

   The proposed guidance covers general factors, such as the export’s destination and degree of willfulness to commit violations, and specific mitigating and aggravating factors to determine penalties, BIS said. The proposed guidance also describes whether export violators should receive a warning letter instead of penalties.

   BIS said the proposed guidance, however, does not apply to antiboycott enforcement matters.

   BIS will take comments from the industry through Nov. 17. For more information, contact Philip D. Golrick of BIS’s Office of Chief Counsel at (202) 482-5301.