WASHINGTON - The Commerce Department's Bureau of Export Administration (BXA) today imposed the maximum civil penalty allowed under its regulations, $20,000, on Coherent, Inc. (Coherent) of Santa Clara, California for allegedly violating the Export Administration Regulations (EAR), F. Amanda DeBusk, assistant secretary for Export Enforcement, announced.
The Department alleged that, on July 1, 1995, and August 23, 1995, Coherent exported U.S. origin plasma tubes for use in argon ion lasers to the Department of Atomic Energy in India without the required validated export licenses. These alleged exports followed the March 28, 1995 issuance of a BXA "Is Informed Letter" to Coherent under regulations that implement the Enhanced Proliferation Control Initiative (EPCI) advising that an individual export license or reexport authorization was required for the export of ion laser systems to the Department of Atomic Energy in India. The investigation was conducted by the Office of Export Enforcement's San Jose Field Office.
The notification to companies of potential "entities of concern" through an "Is Informed Letter" arises from an initiative begun in 1990 when President Bush called for a redoubling of our efforts to stem the spread of missile technology as well as nuclear, chemical and biological weapons. Under EPCI the Commerce Department can notify a company that a license is required for exports and reexports of any goods and technology to specified end users where there is an unacceptable risk of use in or diversion to activities related to nuclear, chemical or biological weapons or missile proliferation.
The Bureau of Export Administration controls and licenses exports and reexports of dual-use commodities, technology and software for reasons of national security, foreign policy, nonproliferation, and short supply.
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.