Eric McClafferty

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Risks in the common practice of sending technical data outside the U.S. — New Jersey company penalized $400,000

Does your company source components or parts outside the U.S.?  When doing so, you need to be careful about sending unlicensed export controlled technical data like drawings, blueprints and manufacturing instructions as part of an RFQ or production process.  Many companies send such information to overseas parts vendors and to non-U.S. person employees at domestic vendors … Continue Reading

OFAC Penalizes Singaporean Communications Provider $12 Million For Iranian Transactions Conducted In U.S. Dollars  

Global communications solutions provider, CSE TransTel, a subsidiary of CSE Global Limited (both based in Singapore), recently agreed to settle Iran sanctions charges leveled by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) for $12 million.  The charges involve 104 violations of the Iran sanctions between June 2012 and March 2013.  The case … Continue Reading

California Court Orders TransUnion to Pay Record $60M for FCRA Violations for Erroneously Linking Consumers to Criminals in OFAC Database

A California jury in federal court ruled on Tuesday, June 20, that TransUnion violated the Fair Credit Reporting Act (FCRA) by erroneously linking certain consumers with similarly named terrorists and criminals in the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC’s) database.  The jury awarded statutory and punitive damages in excess of $60 million, … Continue Reading

BIS Alert! New Encryption Controls Guidance Posted

The Commerce Department’s Bureau of Industry and Security (BIS) has posted long-awaited updates to its guidance regarding changes to a number of encryption-related provisions in the Export Administration Regulations (“EAR”). The updates cover the changes to encryption controls adopted in September 2016 and include a quick reference guide and updated flow charts for classifying encryption items, … Continue Reading

Trump Administration Nominates Richard Ashooh as Dept of Commerce, Bureau of Industry and Security (BIS) Assistant Secretary

Richard Ashooh was nominated by the White House on May 25 as Department of Commerce, Bureau of Industry and Security (BIS) Assistant Secretary.  This key position plays an important role in a wide variety of interagency export control policy matters, including the continuing review of control categories and export reform, as well as deciding critical … Continue Reading

Surge of Commerce Export Enforcement Personnel Starting in October 2018

As part of the Trump Administration’s increase in export and sanctions enforcement, the Commerce Department’s Bureau of Industry and Security plans to add 19 new enforcement personnel in their 11 regional offices during the government’s new fiscal year, which starts October 2018.  This will lead to more announced and unannounced site visits to manufacturing and … Continue Reading

U.S. Lawmakers Move to End Cuba Travel and Export Restrictions

On May 25th, U.S. Senators introduced the “Freedom for Americans to Travel to Cuba Act of 2017” (S. 1287).  The bill is sponsored by 54 senators and it would eliminate restrictions on travel to Cuba by American citizens and legal residents, and associated travel related banking restrictions.  Fourteen sponsors introduced a “Freedom to Export to … Continue Reading

Senators Request GAO Review of CFIUS Oversight of U.S. Real Estate Investments

Senior members of the Senate Finance, Banking, and Homeland Security Committees recently requested a Government Accounting Office (GAO) investigation of how the Committee on Foreign Investment in the U.S. (CFIUS) examines U.S. real estate transactions involving foreign investors. This follows two recent proposed real estate transactions involving the Chinese company Anbang that did not close. … Continue Reading