12 July 2018
Criminal Fine, Prison Sentence Possible for Illegal Export Charges
The U.S. Department of Justice reports that a mainland Chinese national has been charged with conspiring to violate U.S. export laws by working with employees of an entity affiliated with the People’s Liberation Army to illegally export U.S.-origin goods to mainland China. This charge provides for a fine of up to US$1 million, a prison sentence of up to 20 years and as much as three years of supervised release.
According to a DOJ press release, the man operates several companies in mainland China that purport to import U.S. and European goods with applications in underwater or marine technologies. From at least July 2015 to December 2016 he allegedly exported approximately 78 hydrophones (devices used to detect and monitor sound underwater) from the United States to a mainland Chinese institution on the U.S. Department of Commerce’s Entity List without obtaining the required export licences, in violation of U.S. export laws. This was done by concealing the true end-user from the U.S. supplier and causing false information to be filed with the U.S. government.
Further, the DOJ states, the man allegedly falsely certified on his visa application that he had never engaged in export control violations or other unlawful activity and falsely characterised the items he exported to mainland China during an interview with CBP officers.