Archive for the ‘Arms Export’ Category


Feb

8

The Third Deadly Sin


Posted by at 11:45 pm on February 8, 2012
Category: Arms ExportCriminal PenaltiesDDTCGeneral

Space CircuitryA California man has been indicted in connection with his attempt to export radiation hardened, space qualified chips to the People’s Republic of China without an export license. The indictment, if true, tells an interesting tale.

According to the indictment, which was unsealed on Monday, the defendant Philip Chaohui He owned and operated a company called Sierra Electronic Instruments, of which he was the only employee. Estimated sales revenues for 2010 were $110,000. I was unable to locate any website for the company, and the company’s web footprint consisted of two sparse directory entries.

Even so, He and Sierra got their hands on $549,654 worth of radiation hardened, space qualified memory chips from Aeroflex, a Colorado Springs chip designer and manufacturer. Seven months later, He drove his car to the Port of Long Beach and to a PRC-flagged ship there which had recently arrived from Shanghai and was scheduled to return in a week. The chips in question were in the defendant’s trunk concealed “in several plastic infant formula containers placed inside five boxes which were sealed and labeled as “milk powder” written in Chinese.

The indictment doesn’t describe what happened next, but it’s pretty clear. The federal agent that had been tailing Mr. He informed his buddies who swooped down on Mr. He, waving guns and shouting typical law enforcement stuff at him before dragging him away in handcuffs. The indictment suggests that before the dockside bust, the feds had snooped into his bank account and phone records and identified numerous phone calls to the PRC and, more ominously, two wires from the PRC to Mr. He totaling just under $500,000. As a result, Mr. He’s careful concealment of the goods in baby formula was a waste of time.

It doesn’t take a rocket scientist to guess what happened here. Obviously, Aeroflex smelled a rat when this one-man storefront operation wanted to lay his hands on a half-million dollars worth of highly specialized space-qualified circuitry, so they alerted the authorities. All the while Mr. He was agonizing over whether it was safest to hide the goods in baby formula, cans of dog food or boxes of knitting needles, he was already a marked man. Had he gone in for a smaller amount (for which he certainly would have been paid less) he might be basking in the Southern California sun. Indeed, he reminds me of the would-be bicycle thief who tried to walk out of my condo building’s parking garage with two bicycles rather than racing off swiftly on one bicycle.

He went down too.

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Copyright © 2012 Clif Burns. All Rights Reserved.
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Nov

16

So That’s The Reason for the China Arms Embargo?


Posted by at 7:03 pm on November 16, 2011
Category: Arms ExportCriminal Penalties

Swiss Technology HQNJ-based Swiss Technology, Inc. was sentenced yesterday to probation in connection with its guilty plea last July to charges that it violated the Arms Export Control Act when it exported diagrams of military rifle parts to China for manufacture there. The company was also ordered to pay $1.1 million in restitution to the Department of Defense.

The DOJ press release in July regarding the initial plea is larded with the typically hyperbolic language of prosecutors in export cases, but with a twist.

“We simply can’t risk that companies trying to manufacture military equipment on the cheap will expose our troops to more danger than they already face,” said U.S. Attorney Fishman.

“Our armed forces deserve the very best equipment to perform their missions in these difficult times,” said Edward T. Bradley, Special Agent in Charge, Department of Defense, Defense Criminal Investigative Service (DCIS), Northeast Field Office. “Fraudulent practices, designed to illegally enrich a corporation, and which could compromise the integrity and reliability of that vital equipment is inexcusable. The Defense Criminal Investigative Service is committed to vigorously investigating such violations of law.”

“This case underscores ICE’s commitment to work tirelessly with our law enforcement partners to investigate individuals or corporate organizations that circumvent federal regulations in the name of greed,” said Peter T. Edge, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s Homeland Security Investigation (ICE HSI) in Newark. “When our troops’ safety is put in jeopardy, our national security is also compromised.”

And here I always thought that the purpose of the China arms embargo was to keep weapons and military technology out of the hands of the Chicoms because they were a military threat. Instead it appears that the reason is because they make shoddy stuff. If that’s the reason, is an arms embargo of Taiwan next?

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Copyright © 2011 Clif Burns. All Rights Reserved.
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Nov

10

DDTC Publishes New Proposed Aircraft Rules


Posted by at 1:49 pm on November 10, 2011
Category: Arms ExportDDTC

Military UAVOn November 7, the Directorate of Defense Trade Controls (“DDTC”) published its second iteration of the proposed rules on aircraft and aircraft components as part of the White House’s export control reform initiative. As with the first iteration, published back in December, this new version of the proposed rules continues to pursue the goal of making the USML, to the extent possible, a “positive” list and to eschew the “specifically designed” criterion which has been central to the current USML approach to determining what items are controlled by the list. And although the new rules are a laudable improvement they still fall short of these worthy aspirations.

First, for certain aircraft, such as the F-22, parts and components will still be controlled if they were “specially designed” for those aircraft. And DDTC concedes it hasn’t figured out a good way to define “specially designed,” conceding that the definition used in the December notice was being revised and would be the subject of a future notice.

Second, not all the covered aircraft are positively defined. Under the proposed revision of Category VIII, “armed unmanned aerial vehicles” are covered, which makes eminent sense, but so are “unarmed military unmanned aerial vehicles.” I can hear you asking now what makes an unarmed UAV a military UAV? DDTC concedes it has no earthly idea itself of the answer to this question, and asks for comments on this matter, sort of like the stumped contestant in “Who Wants To Be A Millionaire” using the audience lifeline.

Here’s a thought on an answer to that question. Unarmed UAVs are never military unless they are classified or contain classified systems or components. Because the proposed rule covers classified parts, the same principle should cover, by extension, classified aircraft or aircraft with classified components, in which case military unarmed UAVs do not need to be listed.

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Copyright © 2011 Clif Burns. All Rights Reserved.
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Oct

24

Another Reason For Smugglers Not To Have A Facebook Page


Posted by at 8:12 pm on October 24, 2011
Category: Arms ExportCriminal Penalties

Anna Fermanova
ABOVE: Anna Fermanova

Twenty-five year old Texas woman and Russian expat, Anna Fermanova, was sentenced to four months in federal prison and four months of home confinement after she pleaded guilty to having tried to export Russian night vision equipment, which she concealed inside pairs of Uggs in her luggage.

The defense argued that the sentencing guidelines, which in Fermanova’s case called for a sentence between 46 and 57 months, should not be applied on the basis, inter alia, that there was no harm to national security. The night vision, according to the defense, was destined for Fermanova’s father-in-law in Moscow who was Target Master at a private hunting club in Moscow. He intended to sell the night vision equipment to wealthy clients who would use the scopes to hunt wild game. The judge evidently accepted this argument.

Because the defendant is an attractive young blonde woman with a Facebook page on which she posted a number of her photos, this case quickly became catnip for the media which labelled Ms. Fermanova as the “sexy Russian spy” (or “sexy Russian smuggler”) and then rolled in the story as often as possible. Here’s my question, albeit mostly rhetorical: if a defendant in an export prosecution is an attractive young man, would the media call him a “sexy” spy?

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Copyright © 2011 Clif Burns. All Rights Reserved.
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Oct

17

Nice Work If You Can Get It


Posted by at 7:35 pm on October 17, 2011
Category: Arms ExportCriminal Penalties

eBayIf you are annoyed by co-workers who spend the day on eBay and still get paid, you may be even more annoyed to find out that the U.S. government actually pays federal agents on purpose to hang out on eBay and look for export violators. James Pendzich, who had only a junior college degree and no prior criminal history, was targeted by federal agents because his eBay page offered “worldwide” shipment of body armor. The ICE agents then set up a sting and had Pendzich ship protective inserts to undercover agents in Colombia.

Pendzich, of course, had little choice but to plead guilty to one count of violating the Arms Export Control Act (“AECA”). An article that appeared last week in the Knoxville News reported on the sentencing hearing at which the judge gave Pendzich a 46-month sentence for the illegal exports.

The applicable federal sentencing guideline for an AECA violation allows the judge to take into account national security considerations in determining the appropriate sentence. The defense argued that since the plates were shipped to federal agents there had been no adverse impact on national security. The prosecution reached deep into its bag of hypotheticals and argued:

Although not intended by the defendant, had he been successful, the bulletproof vests and body armor he attempted to export could possibly have ended up in the hands of narco-terrorists.

And if the plates had been made of highly-enriched uranium the narcos could have built and exploded a nuclear bomb. Unfortunately for Pendzich, the sentencing judge bought this coulda-shoulda-woulda line of argumentation and threw the book at him.

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Copyright © 2011 Clif Burns. All Rights Reserved.
(No republication, syndication or use permitted without my consent.)