Where Industry and Security Intersect
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WASHINGTON- The Commerce Department today imposed a $30,000 civil penalty on Thyssen Haniel Logistics, Inc. (Thyssen), of Atlanta, Ga., formerly known as Amerford International Corp., for allegedly preparing shipping documents that contained false information, in violation of the Export Administration Regulations (EAR).
Thyssen agreed to pay the penalty to settle the alleged violations. The Department alleged that on six occasions the Boston office of Thyssen prepared and used export control documents for the purpose of effecting exports of titanium bars from the U.S. to Germany, representing that the exports qualified for export under General License G-DEST, when, in fact, a validated license was required. At the time the alleged violations occurred, exports could be made either under an authorization (general license) that the exporter determined was available for a particular shipment under the terms of the EAR or, if no general license was available, under a specific authorization (validated license) given in writing by the Department. The Bureau of Export Administration's Boston Field Office conducted the investigation.
This is the third settlement in recent weeks involving alleged violations by a freight forwarder where a forwarder filled in "G-DEST" on an export control document without asking the exporter whether that general license was appropriate for titanium bars. The Commerce Department's Office of Export Enforcement is undertaking strong efforts to ensure that shipments are properly licensed and documented before export.
"Freight forwarders are responsible for obtaining and using accurate export license information on export control documents. When they don't, our national security and foreign policy interests may be jeopardized. They also expose themselves to penalties under the EAR," said Commerce Acting Assistant Secretary for Export Enforcement Frank W. Deliberti.
"To ensure the export control system continues to function properly, it is imperative that freight forwarders work closely with exporters and exercise due diligence when preparing export documents for presentation to the U.S. Government," Deliberti said.
Commerce's Bureau of Export Administration administers and enforces export controls for reasons of national security, foreign policy, nonproliferation and short supply. Criminal penalties, as well as administrative sanctions, can be imposed for violations of the regulations.
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.