Where Industry and Security Intersect
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WASHINGTON -- The Commerce Department has reached settlements with the United States Air Force, an Air Force Officer, the United States Department of Justice and one of its employees, and a government contractor, CACI Inc. - Commercial, and one of its employees, for alleged violations of the antiboycott provisions of the Export Administration Regulations, John Despres, Assistant Secretary for Export Enforcement, announced today.
During 1991 and early 1992, Air Force and Justice were involved in defending a lawsuit brought against the Air Force by a defense contractor. Justice hired CACI Inc. -- Commercial to provide litigation support services, including sending a team to Saudi Arabia for several months to microfilm documents.
The Commerce Department alleged that, in a November 1991 meeting conducted by Air Force officers, representatives of Justice and CACI were told that Jews or people with Jewish surnames could not go to Saudi Arabia as part of the microfilming team. In preparing for the microfilming project, CACI drafted and the Justice employee edited an "operations plan" which included the following "Screening/Selection Process" requirement:
" ... No Jews or Jewish surnamed personnel will be sent as part of the Document Acquisition Team because of the cultural differences between Moslems and Jews in the Region. ... No Israeli stamped passport, as per Saudi rules."
BXA has no evidence that the restriction was specifically requested by, was required by, or was even known to the Government of Saudi Arabia.
In following the operations plan, Justice and CACI employees screened, interviewed, and selected people to go to Saudi Arabia. Eventually, a team was sent to Saudi Arabia. At least one U.S. person was refused a place on the team based on religion or national origin.
In late 1995, the Anti-Defamation League of B'nai B'rith informed the Office of Antiboycott Compliance ("OAC") of a complaint it had received alleging religious discrimination in connection with a litigation support project carried out in Saudi Arabia by CACI Inc. - Commercial. Based on that lead, OAC conducted an investigation which lasted nearly eighteen months.
The United States Air Force settled allegations investigated by the Office of Antiboycott Compliance. As part of the settlement Air Force will institute measures to prevent a similar event from happening again.
The United States Department of Justice settled allegations investigated by the Office of Antiboycott Compliance. Justice agreed, in a letter, to institute measures to prevent a similar event from happening again.
Air Force Col. Michael J. Hoover, then Chief of the Air Force litigation team, agreed to settle two allegations that he violated the antiboycott provisions by requiring or knowingly agreeing to require the Department of Justice and CACI Inc. - Commercial to discriminate against individuals based on religion.
Jane Hadden Alperson, Office of Litigation Support, Civil Division, United States Department of Justice, the case manager involved in the microfilming project, agreed to settle two allegations that she violated the antiboycott provisions by agreeing to discriminate against individuals based on religion or national origin, and subsequently taking a boycott-based discriminatory action against a U.S. person on the basis of religion.
CACI Inc. -- Commercial, an Arlington, Virginia contractor, and David Andrew, the senior CACI Inc. employee involved in the microfilming project, each agreed to settle three allegations that each violated the antiboycott provisions by knowingly agreeing to discriminate against individuals based on religion or national origin, taking a boycott-based discriminatory action against a U.S. person on the basis of religion, and, with respect to one particular individual, discriminating based on religion or national origin.
The antiboycott provisions of the Export Administration Act and Regulations apply to foreign boycotts fostered or imposed against a country which is friendly to the United States and which is not itself the object of any form of boycott pursuant to United States law or regulation. The antiboycott provisions prohibit U.S. individuals and companies, including U.S. government agencies, departments, and commissions, from discriminating, agreeing to discriminate, or requiring others to discriminate based on religion or national origin.
In April of 2002 the Bureau of Export Administration (BXA) changed its name to the Bureau of Industry and Security(BIS). For historical purposes we have not changed the references to BXA in the legacy documents found in the Archived Press and Public Information.