SANTA CLARA, Calif. -- The Bureau of Industry and Security is turning up its enforcement focus on illicit shipments to Russia and Ukraine after the U.S. issued several sanctions against Moscow in December, Joseph Whitehead, special agent in charge of the BIS San Jose Field Office, said during the Annual Export Control Forum. The U.S. ordered sanctions in response to alleged interference in U.S. election processes and alleged harassment of U.S. personnel in Russia (see 1612300010). “From an investing in special agents standpoint, we are thirsting for Russian cases right now,” Whitehead said. “So we do look for those, and go after them.” There has been an uptick in export violations vis-a-vis Russia since the executive branch first ratcheted up sanctions against the country in 2014 following its invasion of Crimea, he said.

The Bureau of Industry and Security is postponing the effective date to March 22 of the transfer of software used in the development and production of certain oscilloscopes and transient recorders from its current "EAR99" designation to classification on the Commerce Control List (CCL), BIS said (here). On March 22, software “specially designed” for the “development,” “production” or “use” of items controlled under Export Control Classification Number (ECCN) 3A292 will shift from its current "EAR99" designation to ECCN 3D991 for BIS licensing and classification purposes, the agency said. The delay was directed by a memorandum issued by the Trump administration on Jan. 20 (see 1701230031). The remainder of the final rule (see 1611230023), which amended the Export Administration Regulations to remove licensing requirements for nonproliferation ("NP") reasons to export, re-export or transfer in-country certain pressure tubes, pipes, fittings, pipe valves, machine tools, oscilloscopes and transient recorders to ship to Iraq, Israel, Libya and Pakistan, took effect on Nov. 25.

The Bureau of Industry and Security amended the Export Administration Regulations (EAR) to establish a licensing policy of general approval for exports or re-exports to or transfers within India of items subject to the regulations and controlled only for national security or regional stability reasons, BIS announced (here). BIS also amended the end use and end-user provisions to state that items obtained under the validated end-user authorization (VEU) in India may be used for civil or military end uses other than those in use in “nuclear, ‘missile,’ or chemical or biological weapons activities,” the agency said. The U.S. and India formally committed to transform bilateral export control cooperation to realize the full potential of the global strategic partnership between the nations in November 2010 (see 10111017), BIS noted.

The Bureau of Industry and Security issued a final rule (here) requiring individuals intending to export or re-export to Hong Kong any item subject to the Export Administration Regulations (EAR) for national security, missile technology, nuclear nonproliferation, or chemical or biological reasons to get written approval from the government of Hong Kong before shipping the items. The rule, which is set to take effect April 19, will require individuals planning to export or re-export EAR items for those reasons to obtain a copy of a valid Hong Kong import license from a client or consignee, or written statement from the Hong Kong government that such a license isn’t required.

The Bureau of Industry and Security is denying the export privileges of a Switzerland man accused of making false or misleading statements in June 2013 involving unlicensed exports and re-exports to Syria of items subject to the Export Administration Regulations manufactured by Agilent, a U.S. company, BIS said (here). BIS announced the three-year export denial in a notice of settlement with Berty Tyloo of Morges, Switzerland.

The Bureau of Industry and Security is issuing a final rule to add five persons to the Entity List under destination of Turkey, to remove one entity under the destination of India, and to revise five existing entries on the list under the destinations of Armenia, Greece, Pakistan, Russia and the United Kingdom, the agency said (here). Furthermore, the final rule will revise the license requirement under the destination of Russia to conform with General License 11 issued by the Office of Foreign Assets Control on Dec. 20 (see 1612210019), BIS said. Aligning with the general license, BIS is making a conforming change modifying the listing for FAU Glavgosekspertiza Rossii under the destination of Russia; specifically, BIS will change the license requirement column in the Export Administration Regulations (EAR) for this entity to specify that the Entity List's license requirements don't apply to items subject to the EAR related to transactions authorized by OFAC pursuant to that license. The license authorizes transactions otherwise prohibited by Executive Order 13685 of Dec. 19, 2014, that are "ordinarily incident" and necessary to requesting, contracting for, paying for, receiving or utilizing a project design review or permit from FAU Glavgosekspertiza Rossii’s office(s) in the Russian Federation, provided that the underlying project is located wholly within Russia.

The Commerce Department's Bureau of Industry and Security (BIS) again renewed an export denial order for Mahan Airways, Gatewick, Pejman Mahmood Kosarayanifard, Mahmoud Amini, Kerman Aviation, Sirjanco Trading, Ali Eslamian, Mahan Air General Trading, Skyco (UK), Equipco (UK), Mehdi Bahrami, Al Naser Airlines, Bahar Safwa General Trading, Ali Abdullah Alhay, Sky Blue Bird Group and Issam Shammout. The order went into effect Dec. 30, and will remain in effect through June 3, BIS said (here). BIS last extended these export denials in July (see 1607120008).

The Bureau of Industry and Security is denying the export privileges of three people convicted in the last three years of exporting defense articles without necessary State Department licenses or authorizations, the agency said in separate announcements. BIS is denying the export privileges of a Texas man named Dane Delgado until 10 years after his Nov. 4, 2014, conviction by the U.S. District Court for the Southern District of Texas for exporting "defense articles designated on the United States Munitions List" (USML) to Mexico without obtaining proper authorization, BIS announced (here). BIS is also denying the export privileges of a New Jersey man named Kamran Malik until five years after his June 29, 2015, conviction by the U.S. District Court for the District of Maryland for exporting firearm parts and accessories designated as defense articles in USML Category I destined for Pakistan without proper authorization, BIS said (here). Finally, BIS is denying the export privileges of a Pennsylvania man named Robert Luba until 10 years after his April 25, 2016, conviction by the U.S. District Court for the District of New Jersey for illegally exporting to India a technical submarine drawing that was designated as a USML defense article, BIS said (here). The agency also ordered a revocation of all licenses in which the three men had an interest at the time of their convictions.

The Bureau of Industry and Security is issuing a final rule, effective Dec. 27, to amend the Export Administration Regulations to reflect understandings reached at the June 2015 Nuclear Suppliers Group (NSG) Plenary meeting and certain understandings reached at this year’s plenary, BIS said (here). Amendments based on last year’s meeting address nuclear nonproliferation (NP) controls applying to certain centrifugal multiplane balancing machines under Commerce Control List (CCL) Export Control Classification Number (ECCN) 2B229. Amendments based on the 2016 meeting address NP controls applying to certain linear displacement measuring systems listed under ECCN 2B206, and make changes to this description to conform with the NSG Annex, BIS said. Furthermore, the rule corrects an error in the technical parameters of ECCN 6A203.d, which describes certain radiation-hardened TV cameras (including lenses) subject to NP controls, BIS said.

The interagency End-User Review Committee, as ordered through the Bureau of Industry and Security, is adding 23 entities to the Entity List under destinations of Russia and the Crimea region of Ukraine, BIS said (here). The action, which will take effect Dec. 27, follows the Office of Foreign Assets Control's addition of seven individuals, eight entities and two vessels to the Specially Designated Nationals list, under Russia/Ukraine designations, as well as OFAC's addition of 26 entities to its Sectoral Sanctions Identifications List under Russia/Ukraine designations (see 1612210019).