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Compliance Into the Weeds

Compliance into the Weeds: Broken Execution in Day-to-Day Compliance Operations – The BAE Enforcement Action

The award-winning Compliance into the Weeds is the only weekly podcast that takes a deep dive into compliance-related topics, literally going into the weeds to explore a subject in greater depth. Looking for some hard-hitting insights on compliance? Look no further than Compliance into the Weeds! In this episode of Compliance into the Weeds, Tom Fox and Matt Kelly discuss the recent BAE export control enforcement action.

Matt views the BAE export control enforcement action as a strong example of how ITAR compliance failures often stem from routine breakdowns in day-to-day operations rather than dramatic smuggling schemes. He notes that BAE’s U.S. subsidiary sent technical information and services overseas without proper licenses, including to China and even some allied countries, showing that export controls apply to both data and services, not just physical weapons. Kelly argues that the case reveals common compliance weaknesses such as poor training, unclear procedures, weak system warnings, and employee turnover that can leave staff unsure of the rules. His broader point is that companies in export-controlled industries must maintain current licenses and build strong, monitored compliance programs because governments will continue using export controls as an important geopolitical tool.

Key highlights:

  • ITAR data shipments trigger BAE’s $36 million penalty
  • Broken execution in day-to-day compliance operations
  • Export-control warnings before sensitive file transmission
  • Missing Red-Flag Prompts in Export Control System
  • Self-Disclosed, Cooperated, Remediated, Monitored by Another Name

Resources:

Matt in Radical Compliance

Tom

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A multi-award-winning podcast, Compliance into the Weeds was most recently honored as one of the Top 25 Regulatory Compliance Podcasts, a Top 10 Business Law Podcast, and a Top 12 Risk Management Podcast. Compliance into the Weeds has been conferred the Davey, Communicator, and W3 Awards, all for podcast excellence.

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Compliance Kitchen

DDTC Updated Guidance to Agreements Under ITAR


The Kitchen considers the Directorate of Defense Trade Controls (DDTC)  updated guidance to Agreements under ITAR.

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Compliance Kitchen

Proposed Changes to ITAR’s Nationality Rule


State Department’s proposed changes to ITAR’s nationality rule; request for public comment.

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Compliance Kitchen

ITAR Sanctions Re: Cambodia


The State Department amends ITAR to restrict trade of defense articles and services with Cambodia.

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Compliance Kitchen

Cambodia Update – ITAR


The Kitchen review ITAR: addition of Cambodia to the List of Proscribed Countries.

Categories
FCPA Compliance Report

Airbus-Part 2, Mike Volkov on ITAR and Trade Sanction Enforcement


In this special 5-part podcast series on the FCPA Compliance Report, I am considering the Airbus international anti-corruption enforcement action from a variety of perspectives from some of the top world’s top compliance practitioners and commentators on compliance. They include, Jay Rosen-Mr. Monitor; Mike Volkov-Editor of Corruption Crime and Compliance; Jonathan Armstrong-partner at Cordery Compliance in London; Cecilia Fellouse-Guenkel-Secretary General, The Circle of Compliance and Tom Fox-the Compliance Evangelist. In today’s Episode 2, Mike Volkov considers that US trade sanction enforcement involving Airbus.
Highlights include:

  • How was Airbus subject to US trade sanction jurisdiction?
  • This is one of the few cases where the DOJ focused on anti-corruption and trade sanctions.
  • Airbus had complete absence of commitment to compliance.
  • Airbus had a completely broken culture.
  • What were the three categories of ITAR violation identified by the DOJ?

Resources
Mike Volkov’s review of the ITAR portion of the US enforcement action here.