CommissionIssues

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Monday, November 23, 2009

DOJ Press Release: Belgian Arms Dealer Pleads Guilty to Conspiracy to Supply U.S. Fighter Jet Engines to Iran

Posted on 6:06 PM by Unknown
Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE                               Monday, November 23, 2009

Arms Dealer Pleads Guilty to Conspiracy to Supply U.S. Fighter Jet Engines to Iran


The Justice Department announced today that Jacques Monsieur, a Belgian national and resident of France suspected of international arms dealing for decades, pleaded guilty today in U.S. District Court for the Southern District of Alabama to conspiracy to illegally export F-5 fighter jet engines and parts from the Untied States to Iran.

Monsieur along with Dara Fotouhi, aka Dara Fatouhi, an Iranian national currently living in France, was charged in a six-count indictment returned on Aug. 27, 2009, with conspiracy, money laundering, smuggling, as well as violations of the Arms Export Control Act (AECA) and the International Emergency Economic Powers Act (IEEPA). Monsieur was arrested by federal agents in August 2009 upon his arrival in New York. Fotouhi remains at large.

According to Monsieur’s factual proffer and the documents filed in court, Monsieur, along with his co-conspirator Fotouhi, are experienced arms dealers who have been actively working with the Iranian government to procure military items for the Iranian government. In February 2009, Monsieur contacted an undercover agent seeking engines for the F-5 (EIF) fighter jet and the C-130 military transport aircraft for export to Iran. Thereafter, Monsieur began having regular e-mail contact with the undercover agent regarding the requested F-5 engines and parts.

These engines, known as J85-21 models, are replacement engines for the F-5 fighter jet that was sold to Iran by the United States before the 1979 Iranian revolution. The engines and parts are designated as defense articles on the U.S. Munitions List and may not be exported from the United States without a license from the U.S. State Department. Additionally, these items may not be exported to Iran without a license from the U.S. Treasury Department due to the U.S. trade embargo on Iran.

In May 2009, an undercover agent met with Monsieur where Monsieur introduced Fotouhi as a business associate, and again discussed the illegal export of F-5 fighter jet engines from the United States to Iran. During this negotiation, Monsieur asked the undercover agent if he could obtain or use U.S. shipping or export authorization documents that falsely indicated that the end user of the items would be located in Colombia.

In June 2009, Monsieur sent an e-mail to the undercover agent and provided a purchase order for F-5 fighter jet parts from a front company for an organization known as Trast Aero Space, located in Kyrgyzstan. The order requested that the parts be located by the undercover agent and illegally exported to the United Arab Emirates for the transshipment to Iran. The following month, Monsieur contacted the undercover agent indicating that approximately $110,000 had been wired from Dubai to a bank account in Alabama as payment for the parts. He also indicated that a deposit of $300,000 would be forthcoming as a down payment for two F-5 fighter jet engines. In August 2009, Monsieur requested information from the undercover agent about his contact in Colombia for forwarding the aircraft parts from Colombia to the United Arab Emirates.

"Today’s plea underscores the threat posed by Iranian procurement networks and the international arms traffickers who help supply them," said David Kris, Assistant Attorney General for National Security. "I applaud the many agents from the U.S. Immigration and Customs Enforcement and the Defense Criminal Investigative Service who worked tirelessly to bring about this important case."

Eugene A. Seidel, Acting U.S. Attorney for the Southern District of Alabama said, "Today’s prosecution clearly shows that the United States will continue to be vigilant in cases dealing with arms traffickers and will relentlessly pursue every lead to shut down illegal arms transfer to Iran."

"We realize foreign governments actively seek our equipment for their own military development. Therefore, preventing the export of critical technologies and restricted munitions is of extreme concern to the Department of Defense because of the real possibility that our soldiers, sailors, airmen and Marines may have to face this material in the hands of our adversaries and thereby lose the advantage that U.S. technology is supposed to provide them," said Sharon E. Woods, Director, Defense Criminal Investigative Service. "Protecting American’s Warfighters through technology protection is a top priority for the Defense Criminal Investigative Service, the law enforcement arm of the DoD Inspector General, and a fundamental focus for our special agents."

"The guilty plea of Monsieur reflects the government’s commitment to ensuring that critical technologies and military-grade weapons not fall into the wrong hands," said U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton. "ICE will continue bringing to bear its unique law enforcement authorities to investigate and enforce criminal violations of all U.S. export laws related to military items and controlled "dual-use" commodities."

Monsieur faces a maximum penalty of five years in prison and a $250,000.00 fine.

This case was investigated by the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE) and the Department of Defense’s Defense Criminal Investigative Service (DCIS). The prosecution is being handled by Assistant U.S. Attorney Gregory A. Bordenkircher of the U.S. Attorney’s Office for the Southern District of Alabama, with assistance from the Counterespionage Section of the Justice Department’s National Security Division.
Read More
Posted in ITAR | No comments

Tuesday, November 17, 2009

Transparency International Releases 2009 Corruption Perceptions Index; Calls Overall Results a "Great Concern"

Posted on 5:13 AM by Unknown
Transparency International today released its annual 2009 Corruption Perceptions Index (CPI) that measures the perceived levels of public-sector corruption in countries. The 2009 CPI scores 180 countries on a scale from zero (highly corrupt) to ten (highly clean) using 13 sources from 10 independent
institutions. All sources measure the overall extent of corruption (frequency and/or size of bribes) in the public and political sectors of numerous countries.

Transparency International's CPI is a very useful tool for determining the extent and risk of corruption in countries where companies conduct business.

Highest scorers in the 2009 CPI are New Zealand at 9.4, Denmark at 9.3, Singapore and Sweden tied at 9.2 and Switzerland at 9.0. These scores reflect political stability, long-established conflict of interest regulations and solid, functioning public institutions.

Japan and the United Kingdom are both ranked 17th (7.7) and the United States is ranked 19th (7.5)

Not surprisingly, fragile, unstable countries that have been scarred by war and ongoing conflict linger at the bottom of the index. These countries include: Somalia, ranked 180th with a score of 1.1, Afghanistan at 1.3, Myanmar at 1.4 and Sudan tied with Iraq at 1.5. Nigeria is ranked 130th with a score of 2.5.

The vast majority of the 180 countries included in the 2009 CPI scored below five.

Countries experiencing significant declines in their CPI score from 2008 to 2009 were Bahrain, Greece, Iran, Malaysia, Malta and Slovakia.

Countries that improved their CPI scores from 2008 to 2009 were Bangladesh, Belarus, Guatemala, Lithuania, Moldova, Montenegro, Poland, Syria and Tonga.

According to Transparency International:

Overall results in the 2009 index are of great concern because corruption continues to lurk where opacity rules, where institutions still need strengthening and where governments have not implemented anti-corruption legal frameworks.

Even industrialized countries cannot be complacent: the supply of bribery and the facilitation of corruption often involve businesses based in their countries. Financial secrecy jurisdictions, linked to many countries that top the CPI, severely undermine efforts to tackle corruption and recover stolen assets.

A table showing the complete list of scores of each country included in the 2009 CPI can be found here.

An interactive map showing the scores of each country included in the 2009 CPI can be found here.

Transparency International
is a non-partisan network of more than 90 locally established national chapters aimed at fighting corruption by bringing together relevant players from government, civil society, business and the media to promote transparency in elections, in public administration, in procurement and in business.
Read More
Posted in FCPA | No comments

Thursday, November 12, 2009

Census Bureau Now Providing Exporters With AES Data Associated With Routed Export Transactions

Posted on 6:43 PM by Unknown
The Census Bureau's Foreign Trade Division (FTD) recently started providing U.S. Principal Parties in Interest (USPPIs) and other filers requesting their Electronic Export Information filed in the Automated Export System (AES) with the 10 data elements required in routed export transactions.

Data associated with routed export transactions was not previously provided to USPPIs but was added by Census due to numerous requests from exporters.

A routed export transaction transaction is where a Foreign Principal Party in Interest (FPPI) authorizes a U.S. agent to facilitate the export of items from the U.S. on its behalf and prepare and file the Electronic Export Information (EEI) via AES. Section 30.3(e)(1) of the Foreign Trade Regulations (15 CFR § 30.3(e)(1)) requires the USPPI to provide the forwarding or other authorized agent with the following 10 data elements for purposes of preparing the AES filing:

(i) Name and address of the USPPI
(ii) USPPI’s EIN
(iii) State of origin
(iv) FTZ if applicable
(v) Commercial description of commodities
(vi) Origin of goods indicator: Domestic (D) or Foreign (F)
(vii) Schedule B or HTSUS Classification Commodity Code
(viii) Quantities/units of measure
(ix) Value
(x) Export Control Classification Number (ECCN)

The FTD's Regulations, Outreach and Education Branch will provide USPPIs with validated records of their AES submissions upon written request. This data is useful for companies conducting internal audits of their AES compliance. Census will provide companies with 12 months of AES data free of charge every 365 days.
Read More
Posted in AES, Census | No comments

Tuesday, November 10, 2009

Registration Now Open for Webcast of CBP's Sold-Out 2009 Trade Symposium

Posted on 10:20 AM by Unknown
U.S. Customs and Border Protection (CBP) announced today that it is offering for the first time a webcast of the sold-out 2009 Trade Symposium that will be held in Washington, DC from December 8 – 10, 2009.

All general sessions of the Trade Symposium will be shown as part of the live webcast and CBP will also select three breakout sessions to show during the live webcast. All of the general sessions and eight breakout sessions will be available to registrants to view for 30 days following the program. on-demand access.

The cost to view the webcast is $35.00 and is now open. Click here for the 2009 Trade Symposium agenda and to register for the webcast (note that the link to the registration website is listed in the "on the web" portion on the right side of the page).
Read More
Posted in CBP | No comments

Friday, November 6, 2009

U.N. Agencies Launch 2009 Anti-Corruption Campaign

Posted on 10:57 AM by Unknown
The United Nations Development Program (UNDP) and the United Nations Office on Drugs and Crime (UNODC) today launched a joint 2009 campaign to raise awareness on how corruption adversely impacts development.

The launch of this anti-corruption campaign was timed to coincide with the third session of the Conference of State Parties to the U.N. Convention against Corruption in Doha, Qatar from November 9-13. The Convention against Corruption has been ratified by over two-thirds of the 192 State Members of the U.N. since its entered force in 2005.

Through a series of posters, brochures and other material, the new campaign highlights how corruption obstructs access to education, health and justice, limiting their opportunity to prosper and undermining democracy.

The 2009 campaign is a follow-up to the UN's widely praised "Your No Counts" campaign.
Read More
Posted in FCPA | No comments

Thursday, November 5, 2009

Senate Committee Holds Hearing on Nomination of Undersecretary of Commerce for Export Administration

Posted on 8:17 PM by Unknown
The Senate Committee on Banking, Housing, and Urban Affairs held a hearing today on the nomination of Eric Hirschhorn to serve as Under Secretary of Commerce for Export Administration, the most senior position in the Bureau of Industry and Security.

Mr. Hirschhorn, who is expected to play a central role in current export control reform efforts, was nominated by President Obama on September 11, 2009.

The hearing, chaired by Senate Banking Committee Chairman Christopher Dodd (D-CT), and included nominees for two other agencies, lasted only an hour and began with prepared statements by Senators Dodd and Ranking Member Richard Shelby (R-AL).

Mr. Hirschhorn was introduced by Representative Stephen Solarz (D-NY). Mr. Hirschhorn worked for Mr. Solarz in the New York Legislature many years ago. Mr. Hirschhorn's prepared remarks, which can be found here, focused on his previous experience work on export control issues at the Department of Commerce in the early 1980s and his many years in private law practice.

Following the prepared remarks, Senators Dodd and Shelby asked several questions. Senator Dodd asked about export control reforms, foreign availability, Iran sanctions and transshipment issues. Senator Shelby asked Mr. Hirschhorn about his past work on behalf of clients opposed to unilateral sanctions as well as export control reform issues.

Mr. Hirschhorn should be easily confirmed by the full Senate in the coming weeks.
Read More
Posted in BIS, Congress | No comments

Director of Singapore Firm Sentenced for Illegally Exporting Controlled Aircraft Components to Iran

Posted on 7:51 PM by Unknown
A U.S. citizen who served as a director of a Singapore-based importer and exporter of aircraft parts was sentenced today in federal court in Brooklyn to 46 months in prison for conspiring to export aircraft parts to Iran. The defendant was also ordered to forfeit $500,000 to the U.S. Treasury Department.

Laura Wang-Woodford, who served as a director of Singapore-based Monarch Aviation Pte., Ltd. and Jungda International Pte. Ltd., was arrested in December 2007, at San Francisco International Airport, pleaded guilty earlier this year to conspiring to export aircraft parts to Iran via Singapore and Malaysia. Wang-Woodford's co-conspirator, her husband Brian Woodford, remains a fugitive.

Ms. Wang-Woodford and her husband, who were originally indicted in 2003, were subsequently charged with:
  • 1 count of conspiring to export aircraft parts to Iran;
  • 15 counts of exporting aircraft parts to Iran in violation of the International Emergency Economic Powers Act;
  • 1 count of conspiring to export defense articles without a license;
  • 2 counts of exporting and attempting to export defense articles without a license, in violation of the Arms Export Control Act and the International Traffic in Arms Regulations; and
  • 1 count of conspiring to launder the proceeds of the unlawful export of defense articles.
The Justice Department's press release in case can be found here.
Read More
Posted in Export Controls, ITAR, Sanctions; Iran | No comments

Sentencing of Atmospheric Glow Technologies, Inc. Now Set for November 23rd

Posted on 7:07 PM by Unknown
The often delayed sentencing of Atmospheric Glow Technologies, Inc. (AGT), the company alleged to be Professor John Reece Roth's co-conspirator in the criminal case involving unlawful exports of ITAR controlled technology, has now been set for November 23, 2009 before U.S. District Judge Varlan in Knoxville, Tennessee.

As has been widely reported, AGT plead guilty in August 2008 to 10 counts of unlawfully exporting defense articles to a citizen of the People’s Republic of China in violation of the Arms Export Control Act.

AGT, which filed for bankruptcy in 2008, was a privately held plasma technology company formed in 2000 as a spin-off of the University of Tennessee's Plasma Sciences Laboratory. Professor Roth, who was an original shareholder of AGT, was hired by AGT to work on the U.S. Air Force plasma technology contract that led to the violations of U.S. export control laws that resulted in criminal proceedings against AGT, Roth and Daniel Max Sherman, a physicist who formerly worked at AGT and was trained by Roth. In July of this year Roth was sentenced to serve 48 months in prison and Sherman received a prison sentence of 14 months in August.

Read More
Posted in Export Controls | No comments

Congratulation to Winners of 2009 Presidential "E" and "E Star" Awards for Export Excellence

Posted on 1:41 PM by Unknown
Congratulations to the 21 companies and organizations that received the prestigious 2009 Presidential “E” and “E Star” Awards for export excellence today during a ceremony at the National District Export Council Conference at the Department of Commerce. Secretary of Commerce Locke presented the awards to the recipients.

The “E” Award, which was created by President John F. Kennedy in 1961, is the highest U.S. government recognition any U.S. entity may receive for supporting export activity.

The Presidential “E Star” Award, which was authorized by the Secretary of Commerce in 1969, recognizes continued superior performance in increasing or promoting exports. Only previous recipients of the "E" Award are eligible.

The 2009 “E” Award recipients are:
  • Automation International Ltd., Houston, Texas;
  • Capstone Turbine Corporation, Chatsworth, Calif.;
  • Falcon Waterfree Technologies, Los Angeles, Calif.;
  • J.R. Potter & Associates, Inc., Cleveland, Ohio;
  • Kanawha Scales & Systems, Inc., Poca, W.Va.;
  • Lexington International, LLC, (HairMax), Ft. Lauderdale, Fla.;
  • MacNeil Automotive Products, Ltd., Downers Grove, Ill.;
  • Medtronic Inc., Minneapolis, Minn.;
  • Otis McAllister, San Francisco, Calif.;
  • Rust-Oleum Corporation, Vernon Hills, Ill.;
  • Sioux Corporation, Beresford, S.D.;
  • Southwest Windpower, Flagstaff, Ariz.;
  • The Produce Connection, Miami, Fla.;
  • Turbine Air Systems, Houston, Texas;
  • California Chamber of Commerce, Sacramento, Calif.;
  • Illinois SBDC and NAFTA Opportunity Centers, Peoria, Ill.;
  • West Virginia Development Office, International Division, Charleston, W.Va.

The following companies are the 2009 “E Star” Award winners:

  • Dometic Environmental Corp., Pompano Beach, Fla.;
  • Valmont Industries, Inc., Omaha, Neb.;
  • BDP International, Philadelphia, Pa.;
  • Enterprise Florida, Orlando, Fla.
Further information on the "E" and "E Star" Awards, including the application process, can be found here.
Read More
Posted in Exports | No comments

Tuesday, November 3, 2009

Next NCITD Meeting to Feature Speakers from OFAC, CBP and Census

Posted on 8:16 AM by Unknown

The next meeting of the National Council on International Trade Development (NCITD) will take place on Tuesday, November 10, 2009 in Washington, DC and will feature the following speakers:

  • David J. Brummond, Senior Sanctions Adviser – Insurance, Office of Foreign Assets Control, Department of the Treasury. Topic: Insurance Elements in Trade Transactions
  • Gail Hamill, Office of Rules and Regulations, Customs and Border Protection, Department of Homeland Security. Topic: The Classification Process and Related Recent Developments
  • Dale C. Kelly, Assistant Division Chief, Data Collection, Foreign Trade Division, U.S. Census Bureau. Topic: Trade Regulations Update
  • Best Practices Roundtable: Facilitating Payments Under the Foreign Corrupt Practices Act (FCPA). Moderators: Doug Jacobson and Margaret Gatti

For information on how to join NCITD or to attend the meeting, see www.ncitd.org or contact the NCITD Secretariat at 202-872-9280.

Read More
Posted in | No comments
Newer Posts Older Posts Home
Subscribe to: Comments (Atom)

Popular Posts

  • Deadline for NCITD International Trade Scholarship is Approaching
    Update: Application deadline extended to April 15, 2010. The National Council on International Trade Development (NCITD) has established a ...
  • OFAC Announces Rare "Finding of Violation" for Failing to File Blocked Property Reports
    OFAC's Office of Enforcement last week issued a rare " Finding of Violation " to Visa International Service Association for fa...
  • Chinese National Pleads Guilty for Involvement in Scheme to Export "Massive Quantities" of Controlled Carbon Fiber to China
    On August 19, 2013, the U.S. Department of Justice announced that Mr. Ming Suan Zhang, a citizen of the People's Republic of China, ple...
  • BIS Imposes Denial Orders and Civil Penalties in Cases Involving Unlicensed Exports From U.S. to Taiwan
    In a series of four related cases involving the unlicensed exports of chemicals, metals and electronic components from the U.S. to Taiwan, t...
  • OFAC Makes "Large Scale" Changes to SDN List
    The Treasury Department's Office of Foreign Assets Control today announced that it released an updated version of its list of Specially ...
  • BIS to Hold Webinar on Impact of Export Control Reform on EAR License Exceptions on August 14, 2013
    Instead of the weekly teleconference, on August 14, 2013 at 2:30 pm EDT, the Commerce Department's Bureau of Industry and Security (BIS)...
  • Fundamentals of Exporting Webinar to be Presented by U.S. Export Assistance Center of Missouri
    The U.S. Export Assistance Center of Missouri is presenting a series of six webinars on the fundamentals of exporting in January through Mar...
  • Highlights from Bureau of Industry and Security's 2012 Annual Report
    The Bureau of Industry and Security (BIS) recently published its annual report to Congress for Fiscal Year 2012. In addition to providing a...
  • Freight Forwarder Fined For Export Violation May be Forced to Shut Down
    American Metal Market ( www.amm.com) recently ran the following story containing additional details on our recent post describing the rec...
  • Reminder: February 20th is Effective Date of Export Control Licensing Certification on USCIS Visa Form I-129
    This is a reminder that February 20, 2011 is the effective date for completion of the new "Certification Pertaining to the Release of C...

Categories

  • 10+2 (1)
  • 2B350 (1)
  • AES (12)
  • Antidumping (17)
  • ATPA (1)
  • Belarus (2)
  • best practices (1)
  • BIS (56)
  • BIS Update Conference (14)
  • BIS; EAR (22)
  • BIS; EAR; (7)
  • Boycotts (2)
  • Burma/Myanmar (1)
  • C-TPAT (3)
  • Canada (2)
  • CBP (20)
  • CBP; Marking (1)
  • CEEC (1)
  • Census (11)
  • CFIUS (2)
  • China (8)
  • China; (11)
  • Commerce Department (2)
  • Congress (10)
  • Countervailing Duties (8)
  • CPSC (1)
  • Cuba (18)
  • Customs (12)
  • Customs Brokers (1)
  • DDTC (21)
  • EAA (1)
  • Export Controls (144)
  • Exports (17)
  • FAST (1)
  • FCPA (34)
  • Free Trade Agreements (4)
  • GSP (8)
  • HTS (2)
  • Incoterms (8)
  • India (6)
  • ITAR (46)
  • ITC (2)
  • Japan (2)
  • Libya (5)
  • Miscellaneous (27)
  • NASA (3)
  • North Korea (8)
  • OFAC (36)
  • Sanctions (10)
  • Sanctions; Iran (58)
  • Sanctions; Sanctions; Syria (1)
  • Sanctions; Sudan (6)
  • Sanctions; Syria (6)
  • State Department (4)
  • Trade Policy (1)
  • TSRA (1)
  • Twitter (1)
  • UAE (5)
  • United Kingdom (1)
  • United Nations (3)
  • USTR (3)
  • Vietnam (2)
  • WTO (2)
  • Zimbabwe (1)

Blog Archive

  • ►  2013 (17)
    • ►  September (1)
    • ►  August (4)
    • ►  July (1)
    • ►  June (1)
    • ►  May (5)
    • ►  April (2)
    • ►  March (2)
    • ►  January (1)
  • ►  2012 (32)
    • ►  December (3)
    • ►  October (5)
    • ►  August (3)
    • ►  July (6)
    • ►  June (1)
    • ►  May (2)
    • ►  April (2)
    • ►  March (5)
    • ►  February (4)
    • ►  January (1)
  • ►  2011 (63)
    • ►  December (7)
    • ►  November (1)
    • ►  October (6)
    • ►  September (7)
    • ►  August (6)
    • ►  July (1)
    • ►  June (2)
    • ►  May (10)
    • ►  April (1)
    • ►  March (6)
    • ►  February (4)
    • ►  January (12)
  • ►  2010 (114)
    • ►  December (12)
    • ►  November (2)
    • ►  October (1)
    • ►  September (6)
    • ►  August (16)
    • ►  July (16)
    • ►  June (9)
    • ►  May (2)
    • ►  April (8)
    • ►  March (11)
    • ►  February (19)
    • ►  January (12)
  • ▼  2009 (237)
    • ►  December (35)
    • ▼  November (10)
      • DOJ Press Release: Belgian Arms Dealer Pleads Guil...
      • Transparency International Releases 2009 Corruptio...
      • Census Bureau Now Providing Exporters With AES Dat...
      • Registration Now Open for Webcast of CBP's Sold-Ou...
      • U.N. Agencies Launch 2009 Anti-Corruption Campaign
      • Senate Committee Holds Hearing on Nomination of Un...
      • Director of Singapore Firm Sentenced for Illegally...
      • Sentencing of Atmospheric Glow Technologies, Inc. ...
      • Congratulation to Winners of 2009 Presidential "E"...
      • Next NCITD Meeting to Feature Speakers from OFAC, ...
    • ►  October (4)
    • ►  September (29)
    • ►  August (10)
    • ►  July (22)
    • ►  June (13)
    • ►  May (11)
    • ►  April (20)
    • ►  March (24)
    • ►  February (29)
    • ►  January (30)
  • ►  2008 (37)
    • ►  December (37)
Powered by Blogger.