Boycott request reporting forms, necessary to report your receipt of a boycott request to the Bureau of Industry and Security’s Office of Antiboycott Compliance (OAC), are available in electronic versions or paper/carbon paper version. To access the electronic versions, click on the appropriate link below. You have the option of completing and submitting the form electronically from this website, or of completing and printing the form from this website and submitting the form by mail. You may also continue to use the paper/carbon paper version available upon request to our report processing unit ((202) 482-2448).
i) Electronic Submission: When the link for electronic submission opens, you may fill-in all required fields, attach required documentation in PDF format (as explained in the following "Instructions" page), and submit the completed form and attached documentation to the Office of Antiboycott Compliance by clicking “submit.” An electronic “submission confirmation” notification, confirming the date and time of receipt by OAC, will automatically be displayed on the reporting person’s screen. You may submit electronic transmissions only on the single transaction form which will electronically reproduce the reporting person’s identifying information to facilitate reporting of multiple transactions.
ii) Mail Submission: When the link for mail submission opens, you may, at your option, fill-in the form and then print a paper copy of the completed form (although it may not be saved for future editing in its electronic format), or you may print a blank form and complete it by either typing or printing your responses to the individual questions on the form in ink. When the form is complete, you will need to make a photocopy of your completed form and attach required documentation (as explained in the following "Instructions" page) before sending it to the Office of Antiboycott Compliance at the address printed on each form. The U.S. mail or courier delivery are the accepted modes of transmission.
For mail submissions, you have the option of filing a single transaction form for each reportable boycott request you receive, or filing a multiple transaction form for up to 75 reportable requests received within a single reporting period.
Links to BIS forms for reporting receipts of boycott requests:
1. For Electronic Submission
2. For Mail Submission
a) Form BIS-621P (Report of Request for Restrictive Trade Practice or Boycott - - Single Transaction)
b) Form BIS-6051P (Report of Request for Restrictive Trade Practice or Boycott - - Multiple Transactions), Sheet No. 1
c) Form BIS-6051P-a (Report of Request for Restrictive Trade Practice or Boycott - Multiple Transactions (Continuation Sheet))
If you have questions about compliance with the Commerce Department's reporting requirements concerning receipts of boycott requests, you should first consult Export Administration Regulations, Section 760.5, which is entitled, "Reporting Requirements." Additional guidance about reporting boycott requests may be found in the attached Instructions and on the actual report forms. If, after consulting these resources, you still have questions, please contact us through our Web query page or call us on (202) 482-2381.
Penalties
Violations of the Export Administration Regulations, 15 C.F.R. Parts 730-774 (EAR) may be subject to both criminal and administrative penalties. Under the Export Control Reform Act of 2018 (50 U.S.C. §§ 4801-4852) (ECRA), criminal penalties can include up to 20 years of imprisonment and up to $1 million in fines per violation, or both. Administrative monetary penalties can reach up to $300,000 per violation or twice the value of the transaction, whichever is greater. In general, the administrative monetary penalty maximum is adjusted for inflation annually.
Violators may also be subject to the denial of their export privileges as further described below. A denial of export privileges prohibits a person from participating in any way in any transaction subject to the EAR. Furthermore, it is unlawful for other businesses and individuals to participate in any way in an export transaction subject to the EAR with a denied person.
Administrative Enforcement Cases
Penalty Guidance
BIS issued Administrative Enforcement Guidelines in 2018 to promote greater transparency and predictability to the administrative enforcement process. These guidelines also more closely align the administrative enforcement policies and procedures of BIS with those of the Department of the Treasury’s Office of Foreign Assets Control.
Administrative Case Review Board
The ACRB is an internal body that advises the Assistant Secretary for Export Enforcement at important stages of administrative cases and assists the Assistant Secretary, along with other Export Enforcement (EE) officials and attorneys in the Office of Chief Counsel for Industry and Security (OCC), to determine EE’s position related to the prosecution of administrative cases. A primary goal of the ACRB is to help promote administrative and legal best practices in EE enforcement policy and to ensure that all positions taken by EE in administrative enforcement cases are consistent, fair, and in line with overall BIS program and enforcement goals.
Temporary Denial Orders
Temporary Denial Orders (TDOs) are issued by the Assistant Secretary for Export Enforcement to deny any or (typically) all of the export privileges of a company or individual to prevent an imminent or ongoing export control violation. These orders are issued ex parte for a renewable 180-day period and cut off not only the right to export from the United States, but also the right to receive or participate in exports from the United States.
Section 1760(e) Denials
Section 1760(e) of ECRA permits, at the discretion of the Secretary of Commerce, the denial of export privileges of any person convicted of certain criminal violations for a period of up to 10 years beginning on the date of conviction. In addition, Section 1760(e) provides that the Secretary of Commerce may revoke any license or other authorization in which such person has an interest at the time of the conviction. Previously under the authority of the Export Administration Act (EAA), these denial orders were referred to as “Section 11(h) denials,” which identified the relevant provision of the EAA.
The criminal violations eligible for a denial order include:
- Violations of ECRA or the International Emergency Economic Powers Act (or any regulation, license, or order issued under these laws);
- Violations of Section 38 of the Arms Export Control Act;
- Violations of one of several espionage-related statutes; and
- Violations related to Section 371 (conspiracy), Section 554 (smuggling) and Section 1001 (false statements) under Title 18 of the U.S. Code.
Enforcement Actions
For Enforcement actions, please see the BIS Annual Report here.Informed, voluntary compliance with U.S. export controls by the export trade community is an important contribution to U.S. National Security and a key component of BIS’s export administration and enforcement programs. All parties to U.S. export transactions must ensure their exports fully comply with all statutory and regulatory requirements. Compliance not only involves controlled goods and technologies, but also restrictions on shipping to certain countries, companies, organizations, and/or individuals. BIS works closely with the export trade community to raise awareness of compliance best practices and “red flags” of potential illicit activities, and to identify and act on export violations.
An Export Management and Compliance Program (EMCP) can assist you in developing and implementing procedures to stay in compliance with the Export Administration Regulations (EAR). See EMCP for more information.
Sentinel Program:
Many end-use checks are conducted through BIS' Sentinel Program. Trained OEE Special Agents are deployed from the United States to countries to visit the end-users of sensitive controlled commodities and determine whether these items are being used in accordance with license conditions. Sentinel teams assess the suitability of foreign end-users to receive U.S.-origin licensed goods and technology, assess prospective end-users on pending license applications for diversion risk, and conduct educational outreach to foreign trade groups. In this way, Sentinel trips help to create the confidence needed to foster trade while strengthening U.S. national security.
Outreach Program:
The purpose of the Outreach program is to prevent illegal exports by educating industry about export controls and eliciting industry’s cooperation in protecting our national security and foreign policy objectives. An Outreach contact is a one-on-one visit with the representative of a company. It is normally done in person, but under certain instances, it can be conducted over the phone. The types of companies contacted include, but are not limited to, manufacturers, exporters, and freight forwarders.
Investigations
OEE Special Agents are sworn Federal law enforcement officers with authority to make arrests, execute search warrants, serve subpoenas, and detain and seize goods about to be illegally exported. OEE investigations are initiated on information and intelligence obtained from a variety of sources, and are conducted to objectively and thoroughly gather testimony and evidence of alleged or suspected violations of dual-use export control laws. OEE works closely with attorneys with the Department of Justice and the Office of Chief Counsel for Industry and Security to prosecute criminal and administrative cases
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OEE Field Office |
Address |
Phone and Fax Numbers |
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Boston Field Office |
Office of Export Enforcement
313 Boston Post Rd West, Suite 140, Marlborough, MA 01752
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Phone: 617-565-6030 Fax: 617-565-6039 |
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Chicago Field Office |
Office of Export Enforcement One Oakbrook Terrace, Suite 804, Oakbrook Terrace IL 60181 |
Phone: 630-705-7010 Fax: 630-424-0118 |
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Dallas Field Office |
Office of Export Enforcement 225 E. John Carpenter Freeway, Suite 820, Irving TX 75062 |
Phone: 214-296-1060 Fax: 214-496-0647 |
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Houston Resident Office |
Office of Export Enforcement 15109 Heathrow Forest Parkway, Suite 170, Houston TX 77032 |
Phone: 281-372-7130 Fax: 281-590-3931 |
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Los Angeles Field Office |
Office of Export Enforcement 2601 Main Street, Suite 310, Irvine CA 92614 |
Phone: 949-251-9001 Fax: 949-251-9103 |
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Miami Field Office |
Office of Export Enforcement 200 E. Las Olas Blvd., Suite 1800, Fort Lauderdale, FL 33301 |
Phone: 954-356-7540 Fax: 954-356-7549 |
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Atlanta Resident Office |
Office of Export Enforcement
2635 Century Parkway NE, Suite 450, Atlanta, GA 30345
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Phone: 404-670-0255
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New York Field Office |
Office of Export Enforcement 1200 South Avenue, Suite 104, Staten Island, NY 10314 |
Phone: 718-370-0070 Fax: 718-370-0826 |
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San Jose Field Office |
Office of Export Enforcement 160 W. Santa Clara Street, Suite 725, San Jose, CA 95113 |
Phone: 408-291-4204 Fax: 408-291-4320 |
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Phoenix Field Office |
Office of Export Enforcement 4041 N. Central Ave. 9th Floor, Phoenix, AZ 85024 |
Phone: 949-302-5533 |
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Portland Resident Office |
Office of Export Enforcement |
Phone: 503-326-3110 Fax: 503-326-3180 |
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Washington Field Office |
Office of Export Enforcement 381 Elden Street, Suite 1125, Herndon, VA 20170 |
Phone: 703-487-9300 Fax: 703-487-9463 |
U. S. Bureau of Industry and Security - DOJ Press Release - December 21, 2010
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| U.S. Department of Justice United States Attorney's Office |
For Immediate Release: December 21, 2010
Contact - BIS Public Affairs: 202-482-2721 |
Foreign Subsidiary of PPG Industries, Inc. Pleads Guilty To Illegally Exporting High-Performance Coatings To Nuclear Reactor in Pakistan- Company Agrees to Pay $3.75 Million in Fines and Forfeit $32,319
WASHINGTON - PPG Paints Trading (Shanghai) Co., Ltd., a wholly-owned Chinese subsidiary of United States-based PPG Industries, Inc., pled guilty today to conspiring to violate the International Emergency Economic Powers Act and the Export Administration Regulations, and other related charges, announced Ronald C. Machen Jr., U.S. Attorney for the District of Columbia, and Eric L. Hirschhorn, U.S. Department of Commerce Under Secretary for Industry and Security.
The case’s combined $3.75 million in criminal and civil fines represent one of the largest monetary penalties for export violations in the history of the U.S. Department of Commerce’s Bureau of Industry and Security.
The guilty plea stemmed from actions by PPG Paints Trading that caused the illegal export, reexport and/or transshipment of high-performance coatings from the United States to the Chashma 2 Nuclear Power Plant in Pakistan (Chashma 2), via a third-party distributor in the People’s Republic of China.
As part of its plea agreement, PPG Paints Trading agreed to pay the maximum criminal fine of $2 million, and serve five years of corporate probation. The gross proceeds received by PPG Paints Trading for these three illegal exports was $32,319. As part of its plea agreement, PPG Paint Trading has forfeited the entire $32,319 to the government.
PPG Paints Trading entered the guilty plea this morning and was sentenced this afternoon in accordance with the terms of the plea agreement by the Honorable Judge Rosemary M. Collyer in U.S. District Court for the District of Columbia.
Under the terms of the related civil settlements, PPG Industries and PPG Paints Trading agreed to pay civil penalties of $750,000 and $1 million respectively. To ensure that the companies going forward maintain a commitment to U.S. export controls compliance, the Bureau of Industry and Security also required an audit of 2011 and 2012 export transactions of PPG and its relevant business units in the United States and China, including transactions related to restricted end users on the agency’s Entity List and nuclear end uses and end users.
These cases emphasize the critical role that U.S. parent companies play in monitoring the activities of their subsidiaries dealing in U.S.-origin items that are subject to the Export Administration Regulations.
“This case demonstrates our resolve to vigorously enforce U.S. export law,” said U.S. Attorney Machen. “It should also serve as a warning to corporations that would violate U.S. export laws. It is not only unlawful, it is also bad business. In this case, the millions in fines to be paid by the corporate defendant are 100 times more than the gross proceeds generated by the unlawful export scheme.”
“This case demonstrates the Office of Export Enforcement's commitment to thwart the illegal export of U.S. goods to end-users of concern. We will vigorously investigate and seek prosecution of companies and individuals who illegally export items to sanctioned entities,” said U.S. Department of Commerce Under Secretary for Industry and Security Eric L. Hirschhorn.
According to count one of the information filed with the court, beginning in or about June 2006 through in or about March 2007, PPG Paints Trading conspired to export high-performance PPG Industries’ coatings from the United States to Chashma 2, via China, without first having obtained the required export license from the Bureau of Industry and Security in violation of the Export Administration Regulations. Chashma 2 is a Pakistan Atomic Energy Commission power plant under construction near Kundian, Punjab province, Pakistan.
The Pakistan Atomic Energy Commission is the science and technology organization in Pakistan responsible for Pakistan’s nuclear program including the development and operation of nuclear power plants in Pakistan. In November 1998, following Pakistan’s first successful detonation of a nuclear device, the Commerce Department’s Bureau of Industry and Security added the Pakistan Atomic Energy Commission, as well as its subordinate nuclear reactors and power plants, to the list of prohibited end users under the Export Administration Regulations.
As a restricted end-user, a United States manufacturer seeking to export, reexport, or transship any items subject to the Export Administration Regulations to the Pakistan Atomic Energy Commission, or its nuclear power plants or reactors, would need first to obtain a license from the Department of Commerce in the District of Columbia.
According to count one of the information, in January 2006, PPG Industries sought such an export license for the shipments of coatings to Chashma 2. The Commerce Department denied that license application in June 2006. Following that denial, the information states, PPG Paints Trading agreed upon an arrangement whereby it would sell the high-performance coatings to a third-party distributor in China which, in turn, would deliver the coatings for application at Chashma 2. In its purchase orders for the shipments in question, PPG Paints Trading falsely stated that the coatings were to be used at a nuclear power plant in China, the export of goods to which would not require a license from the Department of Commerce.
Counts two through four of the information state that PPG Paints Trading violated the International Emergency Economic Powers Act and the Export Administration Regulations when it willfully exported, reexported, and transshipped and/or attempted to export, reexport and transship three shipments of coatings destined for Chashma 2 between June 2006 and March 2007 without the required Commerce Department license. The gross proceeds received by PPG Paints Trading for these three illegal exports was $32,319. As part of its plea agreement with the government, PPG Paint Trading has, in addition to paying a $2 million criminal fine and $1 million civil fine, forfeited the entire $32,319 to the government.
In announcing the guilty plea and sentencing, U.S. Attorney Machen and Under Secretary Hirschhorn commended Special Agents James Fuller and Donald Pearce, who worked under the direction of Special Agent In Charge Sidney M. Simon and Assistant Special Agent in Charge Jonathan Carson, as well as Attorney Advisor R. Elizabeth Abraham, all of the Department of Commerce’s Bureau of Industry and Security. They also thanked Assistant U.S. Attorneys G. Michael Harvey and John Borchert of the U.S. Attorney’s Office for the District of Columbia, who prosecuted this matter.
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