This is yet another case where U.S. prosecutors have brought charges against a party who facilitated a transaction by providing logistics services. This is on the heels of other recent export enforcement cases against forwarders, including FedEx Express for its freight forwarding activities (see: http://www.bis.doc.gov/news/2012/bis_press01042012.htm), DHL (see: http://www.bis.doc.gov/news/2009/bis_press08062009.html) and a number of smaller forwarders. In the FedEx case, BIS officials alleged that FedEx, in its capacity as a freight forwarder, aided and abetted shipments by its client to parties in Dubai and other locations that were listed on a number of prohibited party lists. The charging letter stated: “Specifically FedEx caused, aided or abetted this unlawful attempted export to Mayrow by, inter alia, preparing, processing, and/or filing with the U.S. government the Automated Export System records associated with this transaction…” U.S. officials continue to emphasize the importance of export compliance at all points in the supply chain, and by all parties involved in a transaction.
Justice Department releases for this case can be found at: http://www.bis.doc.gov/news/2011/doj08092011.htm, http://www.bis.doc.gov/news/2012/doj02062012.htm and http://www.bis.doc.gov/news/2012/doj05152012.htm, and the Criminal Information can be found at: http://www.bis.doc.gov/news/2012/final_davis_information.pdf.