FORMER HONEYWELL INTERNATIONAL EMPLOYEE DEBARRED FOR VIOLATIONS OF EXPORT LAWS

FROM:  U.S. STATE DEPARTMENT 
State Department Debars Former Honeywell International Employee for Export Violations
Bureau of Political-Military Affairs
November 27, 2013

The State Department issued an order administratively debarring LeAnne Lesmeister, former compliance officer at Honeywell International, Inc. (Honeywell), from participating in any activities that are subject to the International Traffic in Arms Regulations (ITAR)(22 C.F.R. parts 120-130) for violations of the Arms Export Controls Act (AECA)(22 U.S.C. § 2778) and the ITAR.

Honeywell voluntarily disclosed to the Department numerous ITAR violations carried out by Ms. Lesmeister, its senior export compliance officer in Clearwater, Florida, between 2008 and 2012. Ms. Lesmeister, who had worked in export compliance at Honeywell for twenty-seven years, used her position to circumvent Honeywell’s export compliance program in the fabrication of various export control documents that Ms. Lesmeister presented as Department of State authorizations. Relying on these falsified authorizations, Honeywell exported defense articles, including technical data, and provided defense services to various foreign persons without Department approval in violation of the AECA and ITAR.

The State Department’s Office of Defense Trade Controls Compliance in the Bureau of Political-Military Affairs performed an extensive compliance review of the disclosed violations. The results of that review indicated no direct harm to U.S. foreign policy or national security. The nature of the violations, however, prompted the Deputy Assistant Secretary for Defense Trade Controls in the Bureau of Political-Military Affairs to formally charge Ms. Lesmeister with twenty-one violations of the AECA and ITAR in connection with her creation and use of Department authorizations, containing false statements or omitting and misrepresenting material facts for the purpose of exporting, retransferring, or furnishing defense articles, technical data, or defense services, and causing the unauthorized export of technical data and provision of defense services.

This administrative debarment is the result of the Department’s first institution of an administrative proceeding by referral of a charging letter before an Administrative Law Judge for consideration pursuant to ITAR § 128.4. The referral and debarment followed Ms. Lesmeister's failure to answer the formal charges.

Acknowledging the serious nature of the violations, Honeywell cooperated fully with the Department’s review and implemented remedial measures to resolve the conditions that allowed the misconduct of one employee, in a position of authority, to bring about significant export compliance violations.

This administrative proceeding highlights the range of potential penalties that may be imposed by the Department on entities or individuals for ITAR violations. Individuals, if found culpable, may not be shielded by their employers for their independent violations. Those persons tasked with an entity’s export responsibilities, should be vigilant in their compliance with all export control regulations.

Under the terms of the administrative debarment, Ms. Lesmeister will be prevented from participating directly or indirectly in any activities that are subject to ITAR for a period of three years and until an application for reinstatement is submitted and approved by the Department. The Department determined that civil penalties were not appropriate at this time.

STATE DEPARTMENT CONCLUDES EXPORT VIOLATIONS BY MEGGITT-USA, INC.

FROM:  U.S. STATE DEPARTMENT, 
Department of State Concludes Settlement of Export Violations by Meggitt-USA, Inc.
Media Note
Office of the Spokesperson
Washington, DC
August 23, 2013

The State Department concluded an administrative settlement with Meggitt-USA, Inc. ("Meggitt") a Delaware corporation, and subsidiary of Meggitt PLC, a corporation organized under the laws of England and Wales and ultimate parent of the Meggitt group of companies, to resolve alleged violations of the Arms Export Controls Act ("AECA")(22 U.S.C. § 2778) and the International Traffic in Arms Regulations ("ITAR")(22 C.F.R. parts 120-130). The settlement was resolved pursuant to ITAR Section 128.11 wherein Meggitt agreed to enter into a consent agreement with the Department.

The settlement was reached after an extensive compliance review by the Department of State’s Office of Defense Trade Controls Compliance in the Bureau of Political-Military Affairs of multiple disclosures submitted by Meggitt group subsidiaries involving hundreds of potential civil violations of the AECA and ITAR, of which sixty-seven are alleged as charges. This settlement highlights the Department’s responsibility to protect U.S. defense hardware and technology from unauthorized use and ensure compliance with the AECA and ITAR.

Over the course of several years, Meggitt subsidiaries and business units disclosed to the Department hundreds of ITAR violations beginning in the mid-1990s, largely involving the unauthorized export of defense articles, including technical data, the unauthorized provision of defense services, violation of the terms of provisos or other limitations of license authorizations, and the failure to maintain specific records involving ITAR-controlled transactions.

Under the terms of the 30-month consent agreement with the Department, Meggit is assessed a civil penalty of $25 million, of which $3 million will be paid in installments and the remainder suspended on the condition the Department approves expenditures for self-initiated, pre-consent agreement remedial compliance measures and consent agreement-authorized remedial compliance costs. In addition, an Internal Special Compliance Official will be engaged by Meggitt to oversee the consent agreement, which will also require the company to implement additional compliance measures, including enhanced policies and procedures, to review external audit programs and conduct audit measures pursuant to the agreement, to review jurisdictional determinations of commodities, and report on system upgrades and improvements.

Meggitt disclosed nearly all of the ITAR violations resolved in this settlement voluntarily to the Department, many of which were the result of post-acquisition review by Meggitt, acknowledged their serious nature, cooperated with Department reviews, and implemented or has planned extensive remedial measures throughout its subsidiaries. For these reasons, the Department determined that an administrative debarment or suspension of Meggitt was not appropriate at this time.

IRANIAN CITIZEN CHARGED WITH TRYING TO SMUGGLE MILITARY ANTENNAS TO SINGAPORE AND HONG KONG

Map:  Singapore.  Credit:  CIA World Factbook.

FROM: U.S. DEPARTMENT OF JUSTICE
Tuesday, November 20, 2012

Iranian National and His Company Charged in Plot Involving Export of Military Antennas from the United States

Amin Ravan, a citizen of Iran, and his Iran-based company, IC Market Iran (IMI), have been charged in an indictment unsealed today with conspiracy to defraud the United States, smuggling, and violating the Arms Export Control Act (AECA) in connection with the unlawful export of 55 military antennas from the United States to Singapore and Hong Kong.

The indictment was announced by Lisa Monaco, Assistant Attorney General for National Security; Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; John Morton, Director of the Department of Homeland Security’s U.S. Immigration and Customs Enforcement (ICE); Stephanie Douglas, Executive Assistant Director of the FBI’s National Security Branch; and Eric L. Hirschhorn, Under Secretary for Industry and Security at the Commerce Department.

According to the indictment, which was returned under seal by a grand jury in the District of Columbia on Nov. 16, 2011, Ravan was based in Iran and, at various times, acted as an agent of IMI in Iran and an agent of Corezing International, Pte, Ltd, a company based in Singapore that also maintained offices in Hong Kong and China.

On Oct. 10, 2012, Ravan was arrested by authorities in Malaysia in connection with a U.S. provisional arrest warrant. The United States is seeking to extradite him from Malaysia to stand trial in the District of Columbia. If convicted of the charges against him, Ravan faces a potential 20 years in prison for the AECA violation, 10 years in prison for the smuggling charge and five years in prison for the conspiracy charge.

According to the indictment, in late 2006 and early 2007, Ravan attempted to procure for shipment to Iran export-controlled antennas made by a company in Massachusetts, through an intermediary in Iran. The antennas sought by Ravan were cavity-backed spiral antennas suitable for airborne or shipboard direction finding systems or radar warning receiver applications, as well as biconical antennas that are suitable for airborne and shipboard environments, including in several military aircraft.

After this first attempt was unsuccessful, Ravan joined with two co-conspirators at Corezing in Singapore so that Corezing would contact the Massachusetts company and obtain the antennas on behalf of Ravan for shipment to Iran. When Corezing was unable to purchase the export-controlled antennas from the Massachusetts firm, Corezing then contacted another individual in the United States who was ultimately able to obtain these items from the Massachusetts firm by slightly altering the frequency range of the antennas to avoid detection by the company’s export compliance officer.

In March 2007, Ravan and the co-conspirators at Corezing agreed on a purchase price of $86,750 for 50 cavity-backed antennas from the United States and discussed structuring payment from Ravan to his Corezing co-conspirators in a manner that would avoid transactional delays caused by the Iran embargo. Ultimately, between July and September 2007, a total of 50 cavity-backed spiral antennas and five biconical antennas were exported from the United States to Corezing in Singapore and Hong Kong.

According to the indictment, no party to these transactions -- including Ravan or IMI -- ever applied for or received a license from the State Department’s Directorate of Defense Trade Controls to export any of these antennas from the United States to Singapore or Hong Kong.

Two of Ravan’s co-conspirators, Lim Kow Seng (aka Eric Lim) and Hia Soo Gan Benson (aka Benson Hia), principals of Corezing, have been charged in a separate indictment in the District of Columbia in connection with this particular transaction involving the export of military antennas to Singapore and Hong Kong. The two Corezing principals were arrested in Singapore last year and the United States is seeking their extradition.

This investigation was jointly conducted by ICE agents in Boston and Los Angeles; FBI agents and analysts in Minneapolis; and Department of Commerce, Office of Export Enforcement agents and analysts in Chicago and Boston. Substantial assistance was provided by the U.S. Department of Defense, U.S. Customs and Border Protection, the State Department’s Directorate of Defense Trade Controls, and U.S. Department of Justice, Office of International Affairs.

The prosecution is being handled by Assistant U.S. Attorney Anthony Asuncion of the U.S. Attorney’s Office for the District of Columbia and Trial Attorney Richard S. Scott of the Counterespionage Section of the Justice Department’s National Security Division.

An indictment is merely a formal charge that a defendant has committed a violation of criminal law and is not evidence of guilt. Every defendant is presumed innocent until, and unless, proven guilty.