USG Amends Export Controls Entity List Related to Russia’s Rosatom

BIS has removed the Federal Atomic Power of Russia (Rusatom) (now known as the Russian State Corporation of Atomic Energy (Rosatom)) entry from the Entity List and adds language clarifying that both the All-Russian Scientific Research Institute of Technical Physics (VNIITF) and the All-Russian Scientific Research Institute of Experimental Physics (VNIIEF), which are Rosatom components, remain on the Entity List. 

Finally, the amended rule adds additional aliases and revises some of the existing aliases for the two Russian entries that are being retained on the Entity List. These changes are being made to better inform exporters, reexporters, and transferors of the scope of these Entity List-based license requirements.

The complete Federal Register Notice is available here

U.S. Government Amends the Commerce Control List

The Wassenaar Arrangement became operational in the summer 1996 and, its forty member countries, advocate the implementation of effective export controls on strategic items with the objective of improving regional and international security and stability. The Secretariat is located in Vienna (Austria). Most WA meetings are held in the Secretariat. A list of participating states is available here.

To harmonize U.S. regulations with the changes made to the Wassenaar List at the December WA Plenary meeting, the Commerce Department has released a Final Rule to the Export Administration Regulations that amends the entries on the Commerce Control List that are controlled for national security reasons in Categories 1, 2, 3, 4, 5 Parts I & II, 6, 7, 8, and 9, revises reporting requirements, and adds and amends definitions in the Export Administration Regulations.

The final rule is available here.

New Bipartisan Iran Sanctions Legislation Introduced in the US Congress

HR 1905 appears to build upon the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (CISADA), which was signed into law by President Obama in July 2010, and which strengthened and expanded U.S. sanctions against Iran. According to a press release issued by the Committee: 

“U.S. policy towards Iran has offered a lot of bark, but not enough bite. This new bipartisan legislation would bring to bear the full weight of the U.S. by seeking to close the loopholes in existing energy and financial sanctions laws, while increasing the type and number of sanctions to be imposed.

“Given the grave nature of the Iranian threat, it is my hope that my colleagues will support further strengthening the bill as it moves through the legislative process and not fall into the trap of enabling the Executive Branch to ignore U.S. law. Failing to move expeditiously to close these loopholes, and allowing the continued failure of successive administrations to vigorously enforce the sanctions currently on the books, strengthens Iran while leaving the U.S. and our allies more vulnerable.”

H.R. 1905, the Iran Threat Reduction Act (ITRA), closes loopholes in both energy and financial sanctions and counters the Iranian regime’s efforts to evade them.

The bill eliminates some waivers, resulting in a mandate to impose sanctions on those who provide the Iranian regime with the materials, technologies, and other assistance to pursue its nuclear, chemical, biological, and missile programs.

The bill also creates a new higher standard for waiver of energy sanctions by requiring the President, before waiving, to notify Congress and certify that failure to waive would pose an unusual and extraordinary threat to the national security interests of the U.S.

HR 1905 is available for download here.

UK Company Fined $79 million in US Export Controls Case

According to the State Department, BAE employees had engaged in “the unauthorized brokering of U.S. defense articles and services” as well as failing to abide by numerous brokering provisions of the ITAR as well as record-keeping requirements. There were more than 2,500 alleged violations. 

As is typical in cases such as these, the U.S. Government has agreed to reduce the civil penalties, in this instance by $10 million, if the company implements compliance measures moving forward.

BAE Chairman Dick Olver issued the following statement:

“Last year the Company reached a settlement with the U.S. Department of Justice concerning historical violations of U.S. defence export control regulations and this settlement with the State Department arises in connection with its parallel civil jurisdiction over such matters. The Company is grateful to the State Department for the time and effort its staff have invested over the last year in reviewing the company’s present compliance systems and processes, which enabled them to conclude that the Company has initiated appropriate steps to address the cause of the past civil violations and to mitigate any law enforcement concerns. The Company looks forward to working with the State Department to ensure that it continues to make progress towards achieving its goal as being as widely recognised for responsible conduct as it is for high quality products and advanced technologies.

The Consent Agreement documentation is available from the State Department, here