In accordance with the Consent Agreement and Order issued in this matter, Keysight has agreed to the following enforcement measures:
- A civil penalty of $6,600,000, with $1,100,000 payable within ten days of signing the Order and $1 million payable each year on the anniversary of the Order for the next three years, the remaining $2.5 million suspended on the condition that Keysight applies the amount to Consent Agreement-authorized remedial compliance costs.
- Appointment of an outside Special Compliance Officer in consultation with the Director, DTCC to serve for a minimum of two years, and thereafter Keysight may request that DTCC allow it to substitute an Internal Special Compliance Officer.
- Conduct a review within 90 days of the appointment of the Special Compliance Officer to ensure adequate/sufficient resources are dedicated to ITAR Compliance throughout Keysight's ITAR regulated operating divisions, subsidiaries and business units.
- Strengthen compliance policies and procedures within 9 months of the implementation of the consent agreement including training for persons responsible for supervising Keysight employees and senior managers to ensure they are knowledgeable about the underlying principles of the AECA and ITAR.
- Within 12 months complete a classification review of all hardware and software pertaining to Keysight's ITAR-regulated business activities and any technical data or defense services directly related to such hardware and/or software.
- Complete at least one third-party audit conducted within 12 months of the Order. DTCC has the option of requesting additional audits.
- Permit on site reviews by DTCC during the 36-month period.
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