764.8 V1

Antiboycott violations

Part 764

Any individual or entity

11A, B, and C of the EAA

Under no circumstances

To assist in reporting violations

Payment of any civil penalty within two years

The penalty collection will not be barred

Both as a sanction for a violation and as a protective measure

The ability to engage in exports and reexports

Office of Exporter Services

Conduct specified in sections 11A, B, and C of the EAA

Restrictions on imports and procurement

Ability to act as an attorney before BIS

By submitting a written request

Subject to forfeiture

Inform the person that no further action will be taken

To specify the factors BIS considers when deciding whether to pursue an administrative enforcement case

Obtain a license from BIS to engage in those activities

To outline the process for issuing temporary denial orders and denial orders based on criminal convictions

State in the reexport authorization request that a voluntary self-disclosure was made

To prohibit any transactions involving items that may have been illegally exported or reexported to Libya

To establish that any person taking certain actions with knowledge of a violation has committed a violation themselves

To outline the process for obtaining reexport authorization for items that were the subject of a voluntary self-disclosure

To specify the circumstances under which BIS may revise, suspend, or revoke export licenses

To outline the process for issuing temporary denial orders when necessary to prevent an imminent violation

The Department of Defense

The Office of Export Enforcement, Bureau of Industry and Security, U.S. Department of Commerce

Licenses or exports may be issued without the required licenses, to the detriment of the interests of the United States.

Voluntary self-disclosure is a mitigating factor in determining what administrative sanctions, if any, will be sought by OEE.

No person may solicit or attempt a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder.

No person may conspire or act in concert with one or more persons to bring about or to do any act that constitutes a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder.

No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct negotiations to facilitate such activities with respect to, any item that has been, is being, or is about to be exported, reexported, or transferred (in-country), or that is otherwise subject to the EAR, with knowledge that a violation of ECRA, the EAR, or any order, license, or authorization issued thereunder, has occurred, is about to occur, or is intended to occur in connection with the item.

No person may make any false or misleading representation, statement, or certification, or falsify or conceal any material fact, either directly to BIS or an official of any other United States agency, or indirectly through any other person.

No person may engage in any transaction or take any other action with intent to evade the provisions of ECRA, the EAR, or any order, license or authorization issued thereunder.

No person may fail or refuse to comply with any reporting or recordkeeping requirement of ECRA, the EAR, or of any order, license, or authorization issued thereunder.

5 years

The nature and gravity of the suspected violations, the nature of the review conducted, and the measures taken to minimize the likelihood of future violations

The complete identities and addresses of all individuals and organizations, whether foreign or domestic, involved in the activities giving rise to the violations

To explain and support the narrative account

To state that all the representations made in connection with the voluntary self-disclosure are true and correct to the best of the person's knowledge and belief

OEE believes that oral presentations are generally not necessary to augment the written narrative account and supporting documentation

To identify any potential violations of export-related transactions

The violations will not be considered for any potential mitigation or leniency

To the Director, Office of Export Enforcement

Pertinent information from paragraphs (c)(3), (c)(4), and (c)(5), and the voluntary self-disclosure must otherwise meet the requirements of this section

All of the above

All of the above

Before the 180-day deadline and as soon as possible once the disclosing person determines they will be unable to meet the deadline

The request will not be considered

The Director of OEE may not have enough time to consider the request, determine whether to grant it, and communicate the decision before the deadline

To encourage timely self-disclosure of violations

The disclosing person must show that more than 180 days is reasonably needed to complete the narrative account

Requiring the disclosing person to pay a monetary fine

To provide a complete and accurate disclosure of all violations

The individual making the disclosure must have the full knowledge and authorization of the firm's senior management.

The provisions should not be relied upon to create, confer, or grant any enforceable rights or privileges.

They should initially notify OEE in writing and provide a brief description of the suspected violations.

To designate a contact person and provide a brief description of the suspected violations.

Within 180 days of the initial notification date, unless an extension is granted by the Director of OEE.

It may reduce or eliminate the mitigating impact of the voluntary disclosure.

When a shipment leaves the United States without the required license, and there is still an opportunity to prevent acquisition of the items by unauthorized persons.

They should confirm the oral notification in writing as soon as possible.

The date the initial notification is received by OEE.

The disclosure will be deemed to have been made on the initial notification date.