On June 22, 2016, the Bureau of Industry and Security (BIS) issued its Final Rule regarding ‘‘Guidance on Charging and Penalty Determinations in Settlement of Administrative Enforcement Cases.’’ The final rule became effective on July 22, 2016 (81 Fed. Reg. 40,499).
In publishing this rule, BIS’ goal was to make civil penalty determinations more predictable and transparent to the public and to align them with those of the Treasury Department’s Office of Foreign Assets Control (OFAC). Both BIS and OFAC administer their regulations under the authority of the International Emergency Economic Powers Act (IEEPA).
Investigation. Generally speaking, the Office of Export Enforcement (OEE) within BIS investigates apparent export violations. As the responsible investigative agency, OEE presents cases for either civil or criminal actions, or both.