The Department of State has concluded an administrative settlement with Darling Industries, Inc. (Darling) of Tucson, Arizona, to resolve alleged violations of the Arms Export Control Act (AECA), 22 U.S.C. § 2751 et seq., and the International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130. The Department of State and Darling have reached this settlement following an extensive compliance review by the Office of Defense Trade Controls Compliance in the Department’s Bureau of Political-Military Affairs.
The Department of State and Darling have reached an agreement pursuant to ITAR § 128.11 to address alleged unauthorized exports of defense articles, including technical data; the unauthorized furnishing of defense services; and failure to appoint a qualified Empowered Official. The settlement demonstrates the Department’s role in strengthening U.S. industry by protecting U.S.-origin defense articles, including technical data, from unauthorized exports. The settlement also highlights the importance of obtaining appropriate authorization from the Department for exporting controlled articles.
Under the terms of the eighteen (18) month Consent Agreement, Darling will pay a civil penalty of $400,000. The Department has agreed to suspend $200,000 of this amount on the condition that the funds have or will be used for Department-approved Consent Agreement remedial compliance measures. Also, Darling must conduct an external audit to assess and improve its compliance program during the Consent Agreement term.
Darling voluntarily disclosed to the Department the alleged AECA and ITAR violations, which are resolved under this settlement. Darling also acknowledged the serious nature of the alleged violations, cooperated with the Department’s review, and instituted a number of compliance program improvements during the course of the Department’s review. For these reasons, the Department has determined that it is not appropriate to administratively debar Darling at this time.
The Consent Agreement and related documents will be available for public inspection in the Public Reading Room of the Department of State and on Penalties and Oversights Agreements section of the Directorate of Defense Trade Controls’ website.