Comments on: California Man Indicted for Export of Electronic Circuits to China

By: Chris W.

Chris W. — Tue, 03 Feb 2009 00:51:41 +0000

I recently attended a BIS training where they said “we’re gonna put it all on a web site for ya”. Whatever “it” is…

By: Clif Burns

Clif Burns — Tue, 27 Jan 2009 23:05:36 +0000

The BIS announcement is somewhat ambiguous, but on re-reading I agree with “another reader” above that the BIS website will only have links to company classification pages and not the company classification data itself. Post revised to reflect that.

By: another reader

another reader — Tue, 27 Jan 2009 19:56:46 +0000

Point of fact: BIS will not be compiling companies’ classification info. They will be compiling and publishing a list of the LOCATIONS of companies classification info websites and TC contact info.

By: Reader

Reader — Tue, 27 Jan 2009 16:33:42 +0000

Well these guys aren’t exactly new to the export game, they should have known and there obviously was great cause to believe they know (hence the criminal indictment), what will be interesting is HOW MUCH they knew or if any of their suppliers were even checking on them.

By: Clif Burns

Clif Burns — Tue, 27 Jan 2009 14:26:46 +0000

You’re right about 3A001.a.2.c. I missed it because I was trying to comment too quickly on my way out the door to work, and just read a.2.a and a.2.b.

I think that effectively answers the questions as to whether these parts are controlled. The only open question is did Zhang know this or should he have even known it? (The criminal standard is actual knowledge, not “should have known.”)

By: Reader

Reader — Tue, 27 Jan 2009 14:13:13 +0000

3A001.a.2.c covers the range of -55 to +125, does not have to be above.

I couldn’t figure out the control for the MIC part

By: Clif Burns

Clif Burns — Tue, 27 Jan 2009 13:50:40 +0000

I found the SIMTEK data sheet but wasn’t certain it was the same part as the Cypress SRAM.

The fact that it’s rated to MilSpec temps doesn’t necessarily make it a USML item, and the indictment doesn’t claim that it is. Rather the indictment says that it was Commerce controlled, and the temp specs you cite just miss being controlled under ECCN 3A001.a.2 which covers circuits rated for above 125C and below 55C.

I didn’t find the Vetronix document in the Google cache page that you linked to, and I’m not so sure exporters need to be able to find cached stuff that’s not on a website. But your analysis for this circuit is similarly problematic. Again mil spec is irrelevant; not all mil spec items are USML and that’s not what the indictment charges. And again the temperature rating is 55-125 inclusive, not below and above as required by the ECCN. Nor does the document that you cite indicate that the circuit is radiation hardened or was specifically designed for the Abrams tank.

By: Reader

Reader — Tue, 27 Jan 2009 13:10:50 +0000

BTW, it took me less than 5 minutes to find the info:

http://74.125.47.132/search?q=cache:3bk5Ul3RLQsJ:www.vetronixresearch.com/documents/MICManual2.pdf+MICManual2.pdf&hl=en&ct=clnk&cd=1&gl=us

http://www.alldatasheet.com/datasheet-pdf/pdf/236531/SIMTEK/STK14C88-5L45M.html

By: Reader

Reader — Tue, 27 Jan 2009 13:07:16 +0000

The MIC part was a Mil-Spec serial bus controller designed to meet the requirements of the M1A2 Abrams. Radiation hardened and all.

The SRAM is rated to Mil-Spec temps -55 to +125