On October 7th, 2022 BIS issued and published in the Federal Register a Final Rule, effective as of the date of issuance (10/7/2022) which updates the agency’s enforcement of the Anti-boycott rules found in Part 760 of the EAR. In this final rule BIS revised Supplement 2 to Part 766 (Guidance on Charging and Penalty Determinations in Enforcement Matters Surrounding Anti-boycott violations). Specifically, this new Final Rule clarifies and makes some changes to what BIS considers category “A” and category “B” Anti-boycott violations. Category “A” or the most serious violations are, under this new rule now subject to the maximum penalties ($300,000 per occurrence) as delineated in the Anti-Boycott Act of 2018. Enhanced enforcement of fines and penalties will also be applied to Category “B” and “C” violations. Category “A” violations under the new Guidance include:
(1) Discriminating against U.S. persons on the basis of race, religion, sex, or national origin—§ 760.2(b);
(2) Refusing to do business—§ 760.2(a);
(3) Furnishing information about race, religion, sex or national origin of U.S. persons including, but not limited to, providing information in connection with a boycott questionnaire about the religion of employees—760.2(c).
(4) Evading the provisions of part 760—§ 760.4; and
(5) Furnishing information about associations with charitable or fraternal organizations which support a boycotted country—§ 760.2(e).
Category “B” violations under the new guidance include:
(1) Knowingly agreeing to refuse to do business—§ 760.2(a);
(2) Requiring, or knowingly agreeing to require, any other person to refuse to do business—§ 760.2(a);
(3) Implementing letters of credit—§ 760.2(f);
(4) Furnishing information about business relationships with boycotted countries or blacklisted persons—§ 760.2(d); and
(5) Making recordkeeping violations—part 762.
And Category “C” violations (least serious) include:
Failing to report timely receipt of boycott requests—§ 760.5.
For complete details of this latest update to the Anti-Boycott Rules and Regulations please review Part 760 and Supplement 2 to Part 766 of the EAR. And for specific guidance on the anti-boycott rules as they apply to export transactions your company is or has been involved in/with please contact TSI Global Consulting at 210-757-0618 or e-mail Jonathan Fink at email@example.com.
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