The U.S. Commerce Department’s Bureau of Industry and Security has published its final rule implementing 180-day deadline to complete voluntary self-disclosures of violations of the Export Administration Regulations.
This rule will require persons making an initial notification of a voluntarily self-disclosed violation to complete the “comprehensive narrative account” required by Section 764.5 of the EAR within 180 days of BIS’ receipt of the initial notification.
The Office for Export Enforcement director may authorize extensions of this deadline “if U.S. government interests would be served by an extension or upon a showing by the party making the disclosure that more time is reasonably necessary to complete the narrative account,” BIS said.
Voluntary self-disclosures of violations are given “great weight” by the agency relative to other mitigating factors in determining what administrative actions, if any, to seek. The EAR requires an initial notification, which is to include a description of the general nature and extent of the suspected violations and is to be made as soon as possible after the violations are discovered, and is followed by an agency review and the
completion and submission of a narrative account of the suspected of violations, including providing all relevant documentation, BIS explained.
The rule also allows BIS to use a commercial courier or delivery service to notify respondents of issuance of a charging letter.
The rule takes effect Sept. 9. For more details, the Federal Register notice of the rulemaking may be viewed here