Disclosing Export Violations Won't Give You A Free Pass

The US Department of Justice recently announced that Fokker Services BV (FSBV), a Dutch aerospace services provider, agreed to forfeit $10.5 million to the United States for conspiring to violate the International Emergency Economic Powers Act by exporting aircraft parts, technologies and services to customers in Iran, Sudan and Burma. The company was charged in a criminal information filed in federal court in the District of Columbia with knowingly and willfully conspiring to violate the IEEPA, in violation of 18 U.S.C. Sec. 371.

The plea is part of a deferred prosecution agreement, in which the company acknowledged it conspired to violate the IEEPA, agreed to continue cooperating with the government, and also agreed to forfeit the $10.5 million to the government. In exchange for these concessions, the government agreed, provided FSBV did not commit any future violations of law, to dismiss the case in 18 months.