The State Department announced penalties on eight foreign entities and their subsidies for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act, an Aug. 9 notice said. The agency said the entities transferred items subject to multilateral control lists that contribute to weapons proliferation or missile production. The State Department barred them from purchasing items controlled on the U.S. Munitions List and by the Arms Export Control Act and will suspend any current export licenses used by the entities. The agency will also bar them from receiving new export licenses for any goods subject to the Export Administration Regulations. The restrictions will remain in place for two years from the July 29 effective date.
The Mexican government launched a lawsuit on Aug. 4 in the U.S. District Court for the District of Massachusetts against 10 gun manufacturers for their role in the spread of firearms in their nation. In a fiery complaint, Mexico decried the actions of the manufacturers who "design, market, distribute, and sell guns in ways they know routinely arm the drug cartels in Mexico." Through the use of corrupt gun dealers and illegal sales practices, these gun makers traffick weapons across the U.S.-Mexico border and cause countless death, destruction and economic harm, Mexico said.
The U.S. District Court for the Southern District of Texas properly struck down the crude oil export tax under 26 U.S.C. Section 4611(b) as unconstitutional, commodity trading and logistics house Trafigura Trading said in its July 30 brief to the U.S. Court of Appeals for the 5th Circuit. The tax on crude oil exports violates the U.S. Constitution's Export Clause banning any taxes on exports, the company said. As a result, the district court appropriately awarded Trafigura a $4.2 million refund for its taxes paid, the company said (Trafigura Trading LLC v. U.S., 5th Cir. #21-20127).
Reza Sarhangpour Kafrani, an Iranian national living in Montreal, was indicted by a grand jury July 30 in the U.S. District Court for the District of Columbia for illegally exporting laboratory equipment from the U.S. to Iran, the Department of Justice said. Kafrani co-owned Prolife Global, based in Canada, where he sought to purchase spectrometry equipment to ultimately ship to Iran, DOJ alleged. After failing to get one U.S. company to ship the equipment to Montreal, Kafrani found a second American company that sent the merchandise to Canada, DOJ said. Kafrani then sent the equipment to the United Arab Emirates, then reexported it to Iran, it said.
Dali Bagrou and his company World Mining and Oil Supply pleaded guilty on Aug. 2 in the U.S. District Court for the Southern District of Georgia to violating the Export Control Reform Act, the U.S. Attorney's Office for the Southern District of Georgia said in a press release. The scheme started when a Russian state-owned enterprise began working with Oleg Vladislavovich Nikitin, general director of Russia-based energy company KS Engineering, to buy a power turbine from a U.S.-based manufacturer for around $17.3 million, the release said.
Strait Shipbrokers and its managing director, Murtuza Mustafa Munir Basrai, filed a complaint July 19 in the U.S. District Court for the District of Columbia challenging its Specially Designated Nationals listing (see 2101050012). The Trump administration made the designation after concluding the company helped with the transport of petroleum from Iran. Straight Shipbroker countered, claiming it's not required to check the origin of its cargo in its role as a broker and that the designation was made in violation of the Administrative Procedure Act and its Fifth Amendment rights to due process (Strait Shipbrokers Pte. Ltd. et al. v. Blinken et al., D.C. Cir. #21-01946).
A federal court ordered an oil tanker to be forfeited to the U.S. after it helped illegally ship oil to North Korea in violation of U.S. and United Nations sanctions, the Justice Department said July 30. The agency also said sanctions evasion charges are pending against Kwek Kee Sen, a Singaporean national and the owner of the ship, who remains at large.
Iranian nationals Alireza Shavaroghi Farahani, Mahmoud Khazein, Kiya Sadeghi and Omid Noori were indicted July 13 in New York federal court for attempting to commit kidnapping, sanctions violations, bank and wire fraud, and money laundering, the Department of Justice said. The four allegedly conspired to kidnap a Brooklyn, New York, journalist for “mobilizing public opinion in Iran and around the world to bring changes to the regime's laws and practices,” DOJ said. Farahani, an Iranian intelligence officer, along with the other three, all Iranian intelligence assets, allegedly plotted to lure the journalist to a third country and kidnap the victim. Niloufar Bahadorifar, an Iranian living in California, allegedly provided financial and other services to support the plot, and faces additional charges. All are charged with a conspiracy to violate the International Emergency Economic Powers Act.
Arif Ugur, a Turkish national formerly living in Cambridge, Massachusetts, was indicted July 21 for his role in illegally shipping defense technical data to Turkey for the production of U.S. military parts, the U.S. Attorney's Office for the District of Massachusetts said in a news release. Ugur's actions were found to have violated the Arms Export Control Act. The Department of Defense found that some goods were substandard and not fit for use by the U.S. military, the release said. As sole managing officer of the Anatolia Group, Ugur, beginning in 2015 acquired various DOD contracts to provide the military with machine parts and hardware items, the Department of Justice alleged. The contracts required that the parts be manufactured in the U.S. Ugur claimed Anatolia made its parts stateside, when it actually made them in Turkey, Justice said. Ugur then oversaw the shipment of DOD technical data to Anatolia's facilities in Turkey -- a move that required an export license seeing as they were subject to the International Traffic in Arms Regulation and the United States Munitions List. He did not acquire these licenses, violating the Arms Export Control Act, Justice said.
Changi Esquel Textile (CJE), a Hong Kong-based apparel company and part of the Esquel group of companies, filed for a preliminary injunction on July 19 against its placement on the Commerce Department's Entity List. The company is seeking the injunction even though it expects an announcement soon on potential changes to its status on the list, it said. "The government has informed Plaintiffs that there will likely be a development regarding CJE’s continued Entity List designation by August 1," the company said.