The Bureau of Industry and Security has issued a Temporary Denial Order against Delfin Group USA LLC, Marcos Baghdasarian, Bagdel Corporation, Naren Sachanandani, and Do-It FZC, temporarily denying their export privileges for 180 days for conspiring to facilitate the export and attempted export of polymers and lubricating oils or other additives, including aviation engine lubricating oils, from the United States to Iran via the UAE.
The State Department's Directorate of Defense Trade Controls has posted over 30 public comments it received on its proposed rule to amend the International Traffic in Arms Regulations (ITAR) Part 129 on the registration and licensing of brokers, brokering activities, and related provisions. About half of the comments received were submitted by industry trade associations. The proposed ITAR revisions are intended to clarify the scope of brokering activities, registration, prior approval and guidance, requirements and exemptions, reporting and recordkeeping, etc. The State Department is also proposing certain revisions to the DS-2032 form, the annual brokering report, and the brokering prior approval application.
The Department of State is has issued a final rule that, effective February 29, 2012, amends the International Traffic in Arms Regulations (ITAR) to clarify that the Coast Guard of Haiti is an eligible arms end user. According to the State Department, this change makes it clear that the existing exceptions allow for exports to the Coast Guard of Haiti.
The International Trade Administration's Civil Nuclear Trade Advisory Committee (CINTAC) will hold a public meeting on March 12, 2012. Items on the agenda include discussion of the ITA's Civil Nuclear Trade Initiative update, the Civil Nuclear Trade promotion activities, and a public comment period. The CINTAC was established in response to an identified need for consensus advice from U.S. industry to the U.S. Government regarding the development and administration of programs to expand U.S. exports of civil nuclear goods and services in accordance with applicable U.S. laws and regulations. Public seating is limited and will be available on a first-come, first-served basis. Members of the public wishing to attend the meeting must pre-register by March 2, 2012 to obtain clearance into the building. Copies of CINTAC meeting minutes will be available within 90 days of the meeting.
The Office of Foreign Assets Control has issued General License No. 5a under the Weapons of Mass Destruction Proliferators Sanctions Regulations (31 CFR 544), Iranian Transactions Regulations (31 CFR 560), and Executive Order 13599 on "Blocking Property of the Government of Iran and Iranian Financial Institutions," to authorize certain transactions related to the arrest in Mundra, India, detention, and judicial sale of the MV Dianthe, a vessel on OFAC’s Specially Designated Nationals and Blocked Persons list. Such transactions include, but are not limited to: (i) bidding on the purchase of the vessels; (ii) paying deposits; (iii) providing financing, insurance, or funding in connection with the purchase; (iv) repairing or modifying the Vessel for commercial use; etc. This authorization expires on November 30, 2012.
The Office of Foreign Assets Control has released Enforcement Information for February 24, 2012 regarding a $1,054,388 settlement between Online Micro, LLC, its owner, and OFAC for Online's apparent violations regarding unlicensed exports of computer-related goods indirectly from the U.S. through Dubai, UAE, to Iran between 2009 and 2010, in apparent violation of Section 560.204 of the ITR. The settlement is related to certain criminal plea agreements, as well as settlement agreements with the Bureau of Industry and Security (BIS).
The Office of Foreign Assets Control has issued a final rule, effective February 27, 2012, amending the Iranian Financial Sanctions Regulations (IFSR) and reissuing them in their entirety, in order to, among other things, implement section 1245(d) of the National Defense Authorization Act for FY 2012 (NDAA), which provides for the imposition of sanctions with respect to the Central Bank of Iran and designated Iranian financial institutions.
The Bureau of Industry and Security has issued a final rule, effective February 22, 2012, updating the Code of Federal Regulations legal authority citations for the Export Administration Regulations to replace citations to the President’s Notice of January 13, 2011 (Continuation of the National Emergency with Respect to Terrorists Who Threaten to Disrupt the Middle East Peace Process) with citations to the President’s Notice of January 19, 2012 continuation (of the same name), and add citations to the President’s Notice of September 21, 2011 (Continuation of the National Emergency With Respect to Persons Who Commit, Threaten to Commit, or Support Terrorism).
The U.S. Nuclear Regulatory Commission has issued a final rule, effective February 27, 2012, amending its export and import regulations (10 CFR Part 110) by removing Oman from the list of restricted destinations. This action was recommended by the Executive Branch in light of current foreign policy and nonproliferation-related actions taken and policies pursued by the Government of Oman. This means that exports of certain nuclear and byproduct materials to Oman may qualify for the NRC general license. At present, Oman has no nuclear research or power program; however, it does have the need for radioactive sources for legitimate industrial, medical, and research purposes in support of economic development projects. NRC states that exports of radioactive sources from the U.S. for such purposes would be facilitated by removal of Oman from the restricted destinations list.
On February 23, 2012, the Office of Foreign Assets Control added eleven individuals and two entities to its "Specially Designated Nationals" list. SDNs are (i) individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries or (ii) individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. The assets of listed SDNs are blocked and U.S. persons are generally prohibited from dealing with them.