Maryland residents Wilson Nuyila Tita of Owings Mills, Eric Fru Nji of Fort Washington and Wilson Che Fonguh of Bowie were charged Aug. 27 in a federal indictment at the U.S. District Court for the District of Maryland with conspiracty to violate the Arms Export Control Act and the Export Reform Control Act, the Department of Justice said. The three allegedly shipped firearms and ammunition from the U.S. to Nigeria, violating export restrictions.
The U.S. District Court for the District of Connecticut denied Arif Durrani's "frivolous" motion to vacate his 34-year-old conviction and sentence, in an Aug. 3 order. Durrani was convicted in 1987 of violating the Arms Export Control Act by shipping Hawk missile parts to Iran without a license. The issues raised in his September 2020 motion to vacate "have been exhaustively addressed -- and rejected -- in prior motions brought by Durrani," the court said. Durrani also has served his prison sentence. "Moreover, as the government notes, to the extent Durrani’s petition is construed as one under 28 U.S.C. § 2255, it necessarily fails because Durrani is no longer 'in custody' as required under the statute," the order said (Arif Durrani v. United States, D. Conn. #20-01373).
The State Department announced penalties on eight foreign entities and their subsidies for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act, an Aug. 9 notice said. The agency said the entities transferred items subject to multilateral control lists that contribute to weapons proliferation or missile production. The State Department barred them from purchasing items controlled on the U.S. Munitions List and by the Arms Export Control Act and will suspend any current export licenses used by the entities. The agency will also bar them from receiving new export licenses for any goods subject to the Export Administration Regulations. The restrictions will remain in place for two years from the July 29 effective date.
Arif Ugur, a Turkish national formerly living in Cambridge, Massachusetts, was indicted July 21 for his role in illegally shipping defense technical data to Turkey for the production of U.S. military parts, the U.S. Attorney's Office for the District of Massachusetts said in a news release. Ugur's actions were found to have violated the Arms Export Control Act. The Department of Defense found that some goods were substandard and not fit for use by the U.S. military, the release said. As sole managing officer of the Anatolia Group, Ugur, beginning in 2015 acquired various DOD contracts to provide the military with machine parts and hardware items, the Department of Justice alleged. The contracts required that the parts be manufactured in the U.S. Ugur claimed Anatolia made its parts stateside, when it actually made them in Turkey, Justice said. Ugur then oversaw the shipment of DOD technical data to Anatolia's facilities in Turkey -- a move that required an export license seeing as they were subject to the International Traffic in Arms Regulation and the United States Munitions List. He did not acquire these licenses, violating the Arms Export Control Act, Justice said.
Two U.S. citizens and three foreign nationals were indicted by a federal grand jury in Los Angeles for conspiring to illicitly ship defense articles to Russia, the Department of Justice said in a June 21 news release. The goods, allegedly exported without a license in violation of the Arms Export Control Act, include thermal imaging riflescopes and night-vision goggles. The five allegedly obtained the items using false names and addresses, then shipped the articles to Russian co-conspirators, DOJ said. The nightscopes and goggles are regulated under the International Traffic in Arms Regulations, making their illegal exportation a violation of the AECA. Elena Shifrin of Mundelein, Illinois, and Vladimir Pridacha of Volo, Illinois, were arrested June 17 for their roles in the nearly four-year scheme. The other defendants are Boris Polosin of Russia, Vladimir Gohman of Israel and Igor Panchernikov, an Israeli national residing in Corona, California, during much of the scheme.
The State Department announced debarments against seven people convicted of violating the Arms Export Control Act. The debarments, which will be imposed starting June 4, target Ronald Adjei Danso, Julian Alonso Higuera, Qingshan Li (see 2006150026), Si Mong Park (see 2009220055), Maritza Rubio, Wei Sun (see 2011180019) and Randy Lew Williams. All seven are “generally ineligible” to participate in activity controlled by the International Traffic in Arms Regulations for three years following their dates of convictions. At the end of that period, they must apply to be reinstated from their debarment before engaging in ITAR activities.
The 22 states, along with Washington, D.C., that challenged the Trump administration's decision to transfer "ghost gun" blueprints from the U.S. Munitions List to the less-restrictive Commerce Control List will not seek a review of the U.S.Court of Appeals for the 9th Circuit's decision to greenlight the move. According to a May 18 consent motion, lawyers for the State Department and the Directorate of Defense Trade Controls requested that the court immediately issue the mandate in the case, claiming that they received the go-ahead from the plaintiffs. Brendan Selby, counsel for the plaintiff State of Washington, told the defense that the states consent to the "immediate issuance of the mandate."
The State Department’s recent $13 million penalty against Honeywell International highlighted the importance of company employees closely following internal compliance procedures and treading carefully when dealing with China, law firms said. It also showed that the State Department is committed to targeting weaker compliance programs but will impose lenient penalties if violations are self-disclosed, the firms said. Honeywell signed a settlement agreement with the agency earlier this month after it illegally sent drawings of export-controlled parts for military-related items to potential customers in several countries, including China (see 2105040018).
The State Department fined a U.S. aerospace and technology company $13 million for illegally exporting technical data to several countries, including China, according to a May 3 order. Honeywell International sent drawings of parts for military-related items, including for engines of military jets and bombers, the agency said, all of which were controlled under the International Traffic in Arms Regulations. After discovering the violations, issuing a self-disclosure to the State Department and bolstering its compliance program, the company again illegally exported technical drawings, failing to abide by its improved compliance requirements, the order said.
Although a court opinion last week cleared the way for exports of 3D-printed guns to be removed from State Department jurisdiction, the guns will continue to be covered under the agency’s U.S. Munitions List until the ruling is made official, the State Department said.