Export Control Blog

Another Dubai Ports Deal Red Herring

So, the UAE, like most Arab states, continues to enforce a boycott against Israel. Nevermind that the Arab unity on the boycott is in a steady state of decay, what does any of this have to do with US port security? The US subsidiary of Dubai Ports World which runs its American operations will be subject to US antiboycott regulations just like all the other companies in this country. It will be just as illegal for US ports operated by the Dubai firm to turn away Israeli ships or cargo as it is already is for US-based operators of American ports. In fact, ownership doesn't really have anything to do with it. (BTW, Dubai Ports World isn't buying the ports, per se, they're buying the right to manage certain terminals for a period of time.)

But I guess this is why we have sober newsmen like Lou Dobbs -- to put important developments like these in their proper perspective.

I Know What You Illegally Exported Last Summer

Lately a couple readers have asked for help in finding publicly-released export control settlement and penalty information.  I link to these resources often, but perhaps a quick rundown of who publishes what and where might be helpful to some of you:

• Bureau of Industry and Security: BIS wins the prize for openness or at least they would if there was such an honor.  The bureau hosts a comprehensive archive of export and antiboycott EAR enforcement documents for cases from the past 5+ years (for older cases check this out).  Charging letters, settlement agreements, denial orders, and the odd administrative law judge ruling are all there.  BIS gets bonus points for making it easy to find their online FOIA reading room by posting prominent links throughout their site including from the homepage. 
• Directorate of Defense Trade Controls: Seek and ye shall find, but not at pmdtc.org.  That's because the separate domain assigned to this State Department office (an arrangement I've always found odd) doesn't include any compliance or enforcement case info.  But that doesn't mean the documents aren't out there.  They are...on State's primary FOIA site.  DDTC should really make this stuff easier for folks to find.
• Office of Foreign Assets Control: Beginning in 2003, OFAC began to post civil penalty settlements and assessments to its site on a regular basis (or should I say formerly-regular as their November release is now a month overdue?)  Unfortunately, the data supplied is pretty sparse in comparison to either BIS or DDTC. OFAC adopted more of a narrative format this October, but it's only slightly more fact-rich.  Somewhat older civil penalty documents are posted to a different part of Treasury's site.

What Would Maimonides Do?

I can't believe I almost overlooked this softball:

The U.S. Department of Commerce today announced that Epstein, Edell, Shapiro, Finman & Lytle LLC of Rockville, Maryland, agreed to pay a $17,000 civil penalty to settle allegations that it violated the antiboycott provisions of the Export Administration Regulations (EAR).

The Commerce Department's Bureau of Industry and Security (BIS) alleged that in February of 2002, in connection with transactions involving the transfer of information from the United States to Syria, Epstein furnished prohibited information about another person's business relationships with Israel in violation of the EAR.

So a law firm called Epstein, Edell, Shapiro, Finman & Lytle stands accused of cooperating with the Arab boycott of Israel.  Guys, listen up.  I'm not sure about Lytle, but the rest of you are going to have some explaining to do at the monthly Brotherhood bagel brunch.  And I don't want to belabor the point, but let's just say that this is not the sort of activity that will get your name in the program for the next Israel Bonds dinner.

What a shanda.