Example Warning Letters from http:/efoia.bis.gov

Bureau of Industry and Security
Antiboycott Warning Letters
2006
2007

UNITED STATES DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Washington, D.C. 20230

Warning Letter

May 3 1,2006
SAS Institute Inc. Dubai
City Twr 2 Ste 503
Sheikh Zaved Rd
Dubai, United Arab Emirates

Case No 05-22

GentlemedLadies:
-

We, the Office of Antiboycott Compliance (“OAC”), Bureau of Industry and Security,
United States Department of Commerce (“BIS”), find that the facts described in Table A
(attached) support a potential violation by you, SAS Institute Inc. Dubai, a subsidiary of
SAS Institute Inc, of Section 760.5 of the Export Administration Regulations (currently codified
at 15 C.F.R. Parts 730-774 (2003)) (the “Regulations”), which are issued under the authority of
the Export Administration Act of 1979, as mended (50 U.S.C. $9 2401-2420
(1994 & Supp. V 1999)) (the “Act”),’ in that, you failed to report a request in a timely manner to
furnish prohibited information about business relationships with boycotted countries or
blacklisted persons (see attached Table A).
Such violation can result in the imposition against you of a civil penalty and/or any of the
other sanctions set forth in Section 764.3 of the Regulations, including referral of the matter
to the United States Department of Justice for consideration of criminal prosecution. However,
having considered all the facts and circumstances known to us at this time, including specifically
the fact that you discovered this violation yourself and voluntarily disclosed it to us, we are
closing this investigation with the issuance of this Warning Letter.

1

From August 2 I , 1994 through November 12, 2000, the Act was in lapse. During that period, the President,
through Executive Order 12924, which had been extended by successive Presidential Notices, the last ofwhich was
August 3,2000 (3 C.F.R., 2000 Comp. 397 (2001)), continued the Regulations in effect under the International
Emergency Economic Powers Act (SO U.S.C. $5 1701-1706 (2000)) (“IEEPA”). On November 13,2000, the Act was
reauthorized by Pub. L. No. 106-508 ( 1 14 Stat. 2360 (2000)) and remained in effect through August 20,2001. Executive
Order 13222 of August 17,2001 (3 C.F.R., 2001 Comp. 783 (2002)), which has been extended by successive Presidential
Notices, the most recent being that of August 2,2005 (70 Fed. Reg. 45273 (August S,2005)), continues the Regulations in
effect under IEEPA.

-2-

It is important that you comply with these Regulations in the future. This Warning Letter
applies only to the transaction referred to herein. Other violations of the Regulations not
expressly referred to in this Warning Letter may result in the institution of administrative
proceedings against you.
Warning Letters are made available for public inspection and copying in the Freedom of
Information Records Inspection Facility, Room 688 1, U.S. Department of Commerce,
Washington, D.C. 20230, thirty calendar days after mailing. Any comment, response or
explanation you wish to make with respect to this matter will also be made available to
the public for inspection and copying.
Should you have any questions or comments relating to this Warning Letter, please contact
me at (202) 482-2009.

Sincerely,

Edward 0. Weant 111
Director
Office of Antiboycott Compliance

SAS Institute, Inc.
Case No. (05-22)
Table A
Item
No.

Reference
Document

Boycotting
Country

Date
Request
Received
on or about

Date
Furnished
on or
about

Violation
Citation

Boycott
Language L/

1

Etisalat
Tender

United Arab
Emirates

12-13-04

A

760.5

2

Etisalat
Tender

United Arab
Emirates

12-13-04

B

760.5
I

1/ Boycott LanpuaPe
-

A.

DECLARATION AND ISRAEL BOYCOTT CERTIFICATE

The Tenderer must accompany his offer with a written signed declaration, the wording of
which is to be exactly and precisely as follows:
“We ...(Name of Company) on behalf of all branches, declare that we are a company
which is not owned by any companies that have violated the approved rules of the
Boycott and that we do not own or participate in companies that are in violation of the
approved rules of the Boycott.
Further, we do not have nor does any of the companies that are considered to be a parent
company or a branch of ours, any dealings with any Israeli Party whether directly or
indirectly”.
Furthermore, a Certificate issued by the Israel Boycott office in UAE, confirming that
neither the supplier nor the manufacturer are blacklisted, should also be accompanied.
B.

CERTIFICATE OF ORIGIN

The Contractor shall undertake to W s h the Purchaser with a Certificate of Origin, to
accompany each invoice. This shall certify that the equipment is not of Israel origin, nor
will it be shipped on vessels touching Israel, and further in the case of West German
manufacturers, the Contractor shall state that their products are not included in German
compensation for Israel. The Contractor shall observe and abide by the following clauses
concerning Boycott of Israel for goods imported into the UAE.

UNITED STATES DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Washington,

D.C.20230

WARNING LETTER
BY COURIER

SEP 2 8 2006
Telemobile, Inc.
% William Thomas
620 Winslow Avenue
Long Beach, CA 908 14
Case No. 02- 15
Gentlemen:
This office has reason to believe that Telemobile, Inc., in January, 2002, violated Section
760.2(d) and Section 760.5 of the Export Administration Regulations' in that Telemobile,
Inc. furnished information regarding its business relationships in a boycotted country, as
outlined in the attached Table A, and failed to report to the Department its receipt of a
request to engage in restrictive trade practices or boycotts.
Compliance with the EAR is mandatory for all U.S. persons and should be strictly
adhered to in all future endeavors by Telemobile, Inc. and its principals.
The investigation is being closed with the issuance of this warning letter, which applies
only to the transactions referred to herein.
Warning letters are made available for public inspection in the Freedom of Information
Reading Room section displayed on the Bureau of Industry and Security web site, at
httn:/lefoia.bis.doc.gov.
Should you have any questions or comments or need additional assistance, please contact me
at 202 482-238 1.
Sincerely,

Ned Weant
Director
Office of Antibycott Compliance

' The Regulations governing the alleged violations at issue are found in the 2002 version
of the Code of Federal Regulations ( 1 5 C.F.R. Parts 768-799 (2002)).

TABLE A
ITEMS OF INFORMATION TRANSMITTED
TO PERSONS IN SYRIA, JANUARY 2002
TELEMOBILE, INC.
CASE NO. 02-0 1 5

1 . We do not or have had in the past a company or an affiliate or main factory or assembly
factory in Israel.

2. We do not or have had in the past agencies or public offices in Israel to run our business
in the Middle East.

3. We have not granted the right to use our name, trade marks, patent and manufacturing
right, which belongs to us or any of our affiliates , to any Israeli persons or establishment.

4. We do not share or have shared in the past in Israeli establishment or Israeli works either
inside or outside Israel.

5. We have not or have offered in the past any consulting service or any technical assistance
to any Israeli establishment.

6. We do not represent, or represented in the past, any Israeli establishment or works either
inside or outside Israel.

7. We do not share in any other company inside or outside the US.

8. We do not have any company sharing in our company or affiliates inside or outside the US.

c*& OF %t

h

a

e0 +mLs of

*

8
***

UNITED STATES DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Washington, D.C 20230

WARNING LETTER
BY COURIER

Baker & McKenzie LLP
815 Connecticut Avenue, NW
Washington, DC 20006-4078
Attention:

Nicholas F. Coward, Esq

Re:

Thermo King Europe

Case No. 04-16

Dear Sir:
This office has reason to believe that Thermo King Europe, October 2000, violated Section
760.2(d) and Section 760.5 of the Export Administration Regulations’ in that Thermo King
Europe furnished information regarding its business relationships with or in a boycotted country,
as outlined in the attached Table A, and failed to report in a timely manner to the Department its
receipt of a request to engage in restrictive trade practices or boycotts.
Compliance with the EAR is mandatory for all U.S. persons and should be strictly adhered to in
all future endeavors by Thermo King Europe and its principals.
This investigation is being closed with the issuance of this warning letter, which applies only to
the transaction(s) referred to herein.
Warning letters are made available for public inspection in the Freedom of Information Reading
Room section displayed on the Bureau of Industry and Security web site at
http://efoia. bis.doc.gov.
Should you have any questions or comments or need additional assistance, please contact me
at 202-482-2381.
Sincerely,

Ned Weant
Director
Office of Antiboycott Compliance

1

The Regulations governing the alleged violations at issue are found in the 2000 version
of the Code of Federal Regulations (15 C.F.R. Parts 768-799 (2000))

al

cn
m
9
cn
C
m

c
c,
,

-I

0
0
>r
0

m

Q)

U

LL

3

t;i .h
o E

UNITED STATES DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Washington, D.C. 20230

WARNING LETTER

6 2007

AUG
REF:

2007/COOl/NR

Andrew Corporation
10500 West 153‘d Street
Orland Park, IL 60462
Attention:

Case No. 06-12

Terry Garner, Group President
Network Solutions

Gentlemedladies :
We, the Office of Antiboycott Compliance, Bureau of Industry and Security, United States
Department of Commerce (“BIS”), have reason to believe that you, Andrew Corporation,
have violated 9 760.5 of the Export Administration Regulations (currently codified at 15
C.F.R. Parts 730-774 (2007)) (the “Regulations”),’ which are issued under the authority of
the Export Administration Act of 1979, as amended (50 U.S.C. app. $5 2401-2420 (2000))
(the “Act”)’ in that, you failed to report your receipt of a request to refuse to do business with
persons known or believed to be restricted from having any business relationship with or in a
boycotted country (see attached Table A).
However, having considered all the facts and circumstances known to us at this time, including
specifically the fact that you discovered the violation(s) yourself and voluntarily disclosed it to
us, we are closing this investigation with the issuance of this Warning Letter. This Warning
Letter applies only to the transaction(s) referred to herein. Other violations of the Regulations
not expressly referred to in this Warning Letter may result in the institution of administrative
proceedings against you.

’

The alleged violations occurred during the year 2004. The Regulations governing the
violations at issue are found in the 2004 version of the Code of Federal Regulations (15 C.F.R.
Parts 730-774 (2004)). The prior years’ Regulations are substantially the same as the 2007
version of the Regulations which govern the procedural aspects of this matter.
2

Since August 2 1,2001, the Act has been in lapse and the President, through
Executive Order 13222 of August 17,2001 (3 C.F.R., 2001 Comp. 783 (2002)), which has been
extended by successive Presidential Notices, the most recent of which was August 3, 2006 (71
Fed. Reg. 4455 1 (August 7, 2006)), has continued the Regulations in effect under the
International Emergency Economic Powers Act (50 U.S.C. $9 1701-1706 (2000)).

-2The Regulations apply to all United States persons. You should, therefore, ensure that Andrew
Corporation strictly adheres to the Regulations in all future transactions.
Warning Letters are made available for public inspection and copying in the Freedom of
Information Electronic Reading Room section displayed on the Bureau of Industry and Security
website at www.efoia.bis.doc.gov.
Should you have any questions or comments relating to this Warning Letter, please contact
me at (202) 482-238 1.
Sincerely,

Edward 0 Weant I11
Director
Office of Antiboycott Compliance

d

0
0

0

3

3

N
--.
M
--.

d

0
0

N
--.

cn

d
d

.-(

--.

UNITED STATES DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Washington,

D.C.20230

WARNING LETTER
BY COURIER
HSBC Bank USA NA
452 Fifth Avenue, 1ShFloor
New York, NY
10018
Attention:

John Hudson, SVP

Case No. 02-09

Dear Mr. Hudson:
We, the Office of Antiboycott Compliance, Bureau of Industry and Security, United States
Department of Commerce (“BIS”), following our examination of certain transactions of
HSBC Bank USA NA (“HSBC”) involving export letters of credit, have reason to believe that
you, HSBC violated Section 760.5 of the Export Administration Regulations (currently codified
at 15 C.F.R. Parts 730-774 (2007))c‘the Regulations”),’ which are issued under the authority of
the Export Administration Act of 1979, as amended (50 U.S.C. app. §§2401-2420 (2000)(the
“Act”) in that HBSC Bank USA NA on two occasions failed to report to the Department of
Commerce (“Department”) its receipt of a request to engage in a restrictive trade practice or
boycott as required by the Regulations.
Specifically, in December 2004 and January 2005, HSBC received two letters of credit each
issued by Saudi British Bank in Saudi Arabia, numbered DIBWPM 403543 and DPCWPM
500606, respectively, each of which contained a request to take an action that would have the
effect of furthering or supporting a restrictive trade practice or unsanctioned foreign boycott.
Section 760.5 of the Regulations requires U.S. persons to report to the Department their
receipts of such requests. You failed to report to the Department your receipts of these requests.

The alleged violations occurred in 2004 and 2005. The Regulations governing the
alleged violations at issue are found in the 2004 and 2005 versions of the Code of Federal
Regulations (15 C.F.R. Parts 730-774 (2004 and 2005)). The prior years’ Regulations are
substantially the same as the 2007 version of the Regulations which govern the procedural
aspects of this matter.
I

* Since August 21,2001, the Act has been in lapse and the President, through Executive
Order 13222 of August 17,2001 (3 C.F.R., Comp. 783 (2002)), which has been extended by
successive Presidential Notices, the most recent of which was August 15,2007 (72 Fed. Reg.
46 137 (August 16,2007)), has continued the Regulations in effect under the International
Emergency Economic Powers Act (50 U.S.C. $8 1701-1706 (2000)).

2
All U.S. persons are required to comply with the Regulations. However, having considered all
the facts and circumstances known to us at this time, including the results of our examination of
HSBC’s records in 2002 and 2007, we are closing this investigation with the issuance of this
Warning Letter. This Warning Letter applies only to the actions and circumstances referred to
herein. You should therefore ensure that HSBC strictly adheres to the Regulations in all future
transactions. Failure to do so may result in the institution of administrative proceedings against
you.
Warning Letters are made available for public inspection in the Freedom of Information Reading
Room section displayed on the Bureau of Industry and Security web site, at
htttd/efoia.bis.doc.gov.
Should you have any questions or comments or need additional assistance, please contact me at
202 482-238 1.
Sincerely,

Edward 0. Weant, I11
Director
Office of Antiboycott Compliance.