Exporter Agrees to $190,000 Penalty for EAR Violations

On August 14, 2009, the Commerce Department's Bureau of Industry and Security (BIS) announced that RF Micro Devices, Inc. (RFMD) of Greensboro, N.C. has agreed to pay a $190,000 civil penalty to settle allegations that it exported spread-spectrum modems in violation of the Export Administration Regulations (EAR) to China.  In addition, Carol Wilkins, RFMD manager whose responsibilities, at the time of the violations, included export control compliance, has agreed to pay a civil penalty in the amount of $15,000 for making false and misleading statements to BIS Special Agents during the investigation.

The allegations involved fourteen unlicensed exports of spread-spectrum modems, classified under Export Control Classification Number 5A001 and controlled for national security reasons, to China with knowledge that a violation of the Regulations was occurring, was about to occur or was intended to occur in connection with the spread-spectrum modems.  Additionally, BIS alleged that on thirteen occasions RFMD made false or misleading statements about the submission of Shipper's Export Declarations (SEDs).  

RFMD voluntarily disclosed the violations that occurred in 2002 and 2003.