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BAE Systems Fined $79 Million For Violation Of US Defense Rules

By RTTNews Staff Writer   ✉  | Published:  | Google News Follow Us  | Join Us
rttnewslogo20mar2024

The United States government has imposed a fine of $79 million on BAE Systems plc (BA.L), Britain's largest defense and security company, for alleged violations of the U.S. defense export control regulations.

Under a civil settlement reached on Monday with the Department of State for alleged violations of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR), BAE Systems agreed to pay in fines and in remedial compliance measures an aggregate civil penalty of $79 million, the largest in Department history.

The State Department said it agreed to consider suspension of $10 million of this amount for enhanced export control compliance measures already implemented by the company and planned for implementation during the four-year term of the Consent Agreement.

BAE Systems also agreed to oversight and auditing of its export compliance program for the duration of the Consent Agreement.

The Company said the enhanced administrative review was not expected to adversely impact its current or future export programs, and pledged to make additional commitments concerning its ongoing compliance.

The violations were identified by the State Department during a review of the company's compliance systems and processes following its criminal conviction by the U.S. Department of Justice in March, 2010 for conspiracy to violate the AECA and the ITAR.

As per the Proposed Charging Letter, BAES allegedly committed an estimated 2,591 violations of the ITAR in connection with unauthorized brokering of U.S. defense articles and services, failure to register as a broker, failure to file annual broker reports, causing unauthorized brokering, failure to report the payment of fees or commissions associated with defense transactions, and failure to maintain records involving ITAR-controlled transactions.

In response to the criminal conviction, the State Department determined to impose a statutory debarment on BAES, but in accordance with the AECA, after a thorough review of the circumstances surrounding the conviction, and a finding that appropriate steps had been taken to mitigate law enforcement concerns, it determined to concurrently rescind the statutory debarment.

The State Department is also releasing the administrative hold it imposed immediately following the conviction on BAES-related license authorization requests.

However, a policy of denial will be imposed on three BAES subsidiaries, because of their substantial involvement in activities related to the conviction. These subsidiaries are BAE Systems CS&S International, Red Diamond Trading Ltd., and Poseidon Trading Investments Ltd., including their divisions and business units, and successor entities.

It means that there will be an initial presumption of denial for all applications involving these entities, unless upon case-by-case review the Department determines that it is in the foreign policy or national security interests of the United States to provide an approval.

BAE Systems Chairman Dick Olver said in a statement that the Company "looks forward to working with the State Department to ensure that it continues to make progress towards achieving its goal as being as widely recognized for responsible conduct as it is for high quality products and advanced technologies."

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