International Trade Enforcement Roundup | January 2023

Venezuelan Airlines – Temporary Denial Orders (TDO) (DOC/BIS Action) On January 26, BIS renewed a previously issued TDO against Empresa de Transporte Aéreocargo del Sur, S.A. (a/k/a Aéreocargo del Sur Transportation Company, a/k/a EMTRASUR). The initial TDO was based on evidence that EMTRASUR acquired custody of a Mahan Air Boeing 747 through its parent company, the designated airline, CONVIASA, violating a TDO on Mahan Air. Further, EMTRASUR used the Boeing plane to fly into Iran and Russia in violation of General Prohibition 10 (Section 736.2(b)(1) of the EAR). Argentinian officials subsequently seized the plane. The renewal is based on additional evidence proving EMTRASUR violated the TDO on Mahan Air by providing evidence that U.S.-origin parts bear the Mahan Air and/or CONVIASA logos or markings. Additionally, BIS presented evidence showing Nicolas Maduro affirmatively asked Argentine authorities to release the aircraft. Any such release would violate General Prohibition 10.

The order renewing the TDO can be found here.

BIS Orders Denying Export Privileges

BIS orders denying export privileges from criminal convictions pursuant to Section 1760(e) of the ECRA (formerly known as 11h denials): On January 31, Josef Koyshman was denied export privileges until February 6, 2030 (10 years from the date of his conviction). Koyshman was convicted of violating Section 38 of the Arms Export Control Act by illegally exporting one advanced laser-aiming system and one set of binocular night vision goggles from the United States to Hong Kong. Both items are designated as defense articles under the United States Munitions List (USML) and are thus controlled for export under the International Traffic in Arms Regulations (ITAR). The United States has long maintained an embargo on ITAR exports to China. It is important to remember that, since July 2020, that embargo now explicitly extends to Hong Kong. The 1760(e) denial order can be found here. On January 31, Obaidullah Syed was denied export privileges until May 17, 2032 (10 years from the date of his conviction). Syed was convicted of violating 18 U.S.C. § 371 for conspiring to export various computers and computer systems from the United States to the Pakistan Atomic Energy Commission without the required BIS license. The 1760(e) denial order can be found here. On January 31, Amin Yousefi Jam was denied export privileges until November 17, 2028 (seven years from the date of his conviction). Jam was convicted of violating 18 U.S.C. § 371 for conspiring to export various goods from the United States to Iran using the UAE as a transshipment point without the required OFAC (or BIS) license. The 1760(e) denial order can be found here. On January 31, Victor Anthony Bocanegra was denied export privileges until January 3, 2030 (10 years from the date of his conviction). Bocanegra was convicted of violating 18 U.S.C. § 554(a) for illegally exporting various firearms from the United States to Mexico. The 1760(e) denial order can be found here. On January 31, Shirley Trinity Inzunza was denied export privileges until January 18, 2026 (eight years from the date of her conviction). Inzunza was convicted of violating Section 38 of the Arms Export Control Act for conspiring to export various ITAR-controlled ammunition from the United States to Mexico. The 1760(e) denial order can be found here. On January 31, Michael Cox was denied export privileges until May 18, 2031 (10 years from the date of his conviction). Cox was convicted of violating 18 U.S.C. § 371 for conspiring to illegally export ITAR-controlled night sighting equipment from the United States to Ukraine. The 1760(e) denial order can be found here.

6 International Trade Enforcement Roundup |

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