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IMPORTANT: As of July 1st, 2011, functions once performed by the Wisconsin Department of Commerce have been moved to other state agencies and the Wisconsin Economic Development Corporation. The former Commerce web site will continue to exist for the next several months as resources are moved to new web site locations. We will make every attempt possible to direct our users to the new locations as web resources are moved.
Bureau of Export Development
PO Box 7970
Madison, WI 53707-7970
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Vol. 9 #1, September 2009
Annual BIS Report Issued
On August 28, 2009, the U.S. Department of Commerce’s Bureau
of Industry and Security (BIS) issued its annual report to Congress for
Fiscal Year 2008. In FY 2008 (October 1, 2007, through September
30, 2008), BIS processed 21,293 export license applications worth
approximately $72.1 billion, a 9% increase from FY 2007 and the highest
number of applications reviewed in 15 years. Over the past decade, the
number of export license applications has steadily increased, nearly
doubling since 2000.
Of the applications received, BIS approved 84%, denied than 1%, and
returned 15% without action. The average license application
processing time was reduced from 28 to 27 days.
The purpose of BIS is to protect U.S. national security interests
without overburdening U.S. exporters. Items subject to BIS’s
regulatory jurisdiction have chiefly commercial uses, but also can be
used in conventional arms or weapons of mass destruction applications,
terrorist activities, or human rights abuses. These items are generally
referred to as dual-use items. BIS administers license
requirements and licensing policy that form the Export Administration
Regulations (EAR).
BIS enforcement activities remained focused on preventing and deterring
violations of U.S. export control laws and regulations, disrupting
illegal activities, and bringing violators to justice. BIS’s
investigations resulted in the criminal conviction of 40 individuals
and businesses for export violations with penalties totaling more than
$2.7 million in criminal fines, over $800,000 in forfeitures, and over
218 months of imprisonment.
Recently, BIS announced that Bruker Axs, Inc., of Madison agreed to pay
a civil penalty of $7,500 to settle charges that it committed one
violation of EAR § 764.2(a) (unlicensed export to an Entity List
Organization) and one violation of EAR § 764.2(g)
(misrepresentation on a Shipper’s Export Declaration concerning
authority to export) in 2004 in connection with the export of
analytical X-ray instrument to the Karachi CBW Research Institute,
University of Karachi’s Husein Ebrahim Jamal Research Institute of
Chemistry (“HEJRIC”) in Pakistan. Bruker AXS, through its freight
forwarder, filed a Shipper’s Export Declaration that stated the
instrument qualified for export from the United States as NLR (“No
License Required”). HEJRIC was an organization listed on the
Export Administration Regulation’s Entity List. HEJRIC was
subsequently removed from the Entity List during an annual
review. This underscores the need to frequently check the various
restricted parties lists in order to verify any changes to the status
of customers and their business partners.
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