Top Story

Commerce Acts on Firearms "Pause"

Private sales to countries like Kyrgyzstan, Laos, Mali and Yemen will be declined.
Friday the Department of Commerce released an interim final rule amending the Department’s licensing policy for exports of firearms, ammunition, and related components under its jurisdiction. Coming on the six-month anniversary of a controversial "90 day pause" in firearms export license approval, the new rule proposes significant changes.
Aid Bill Includes Ten Year Sanctions Lookback
Included among the munitions and TikTok drama, the foreign aid package signed last week has material changes for the sanctions compliance practitioner. Front and center for sanctions practitioners is the extension of the statute of limitations for sanctions (SOL) violations.
Since 2000, the number of mitigation agreements has steadily increased, approximately quadrupling in the last decade
CFIUS Volume Growth Calls for Reforms: GAO Report
The Committee on Foreign Investment in the United States (CFIUS) has seen explosive caseload in recent years, though a performance audit finds the committee organization and management has struggled to keep up, according to a report released  by the General Accounting Office (GAO).
FDP Rule Scope Expanded for Iran, Russia, Belarus
Effective April 18th, a new rule from BIS amends the EAR to impose new controls restricting Iran’s access to additional low-level technology, including items manufactured outside the United States that are produced using U.S. technology. The rule also expands the scope of the Russia/Belarus/Temporarily occupied Crimea region of Ukraine Foreign Direct Product (FDP) rule and the Iran FDP rule: the items in supplement no. 7 to part 746 will now include the entirety of the ‘Common High Priority List’ (CHPL).

Welcome to your new Export Practitioner

The Export Practitioner introduces a web-based format for easier review, research and sharing.  

In addition to your monthly print or e-edition, we can furnish mid-month updates for our readers. 

We seek your input as we make this transition. Please send your suggestions to fruffing@traderegs.com or call 703.283.5220.   

– Frank Ruffing, Editor 

Our latest news

EU Money Laundering Rules Update

The European Parliament has adopted a package of laws strengthening the EU’s toolkit to fight money-laundering and terrorist financing. The new laws ensure that people with a legitimate interest, including journalists, media professionals, civil society organisations, competent authorities, and supervisory bodies, will have immediate, unfiltered, direct and free access to beneficial ownership information held in national registries and interconnected at EU level. In addition to current information, the registries will also include data going back at least five years.

Treasury Sanctions More Iran UAV Suppliers

Treasury’s Office of Foreign Assets Control is sanctioning over one dozen entities, individuals, and vessels that have played a central role in facilitating and financing the clandestine sale …

"Toothless" EU Forced Labor Legislation Passed

The European Parliament has given its final approval to a new regulation enabling the EU to prohibit the sale, import, and export of goods made using forced labour. Originally proposed in 2021, the rulemaking had been stymied by resistance from industry groups, with the final result lacking much of the efficacy of the US version, the Uyghur Forced Labor Protection Act.

Medical Device Exception to Russian Sanctions

Bureau of Industry and Security (BIS) makes changes to the Russia and Belarus sanctions under the Export Administration Regulations (EAR) to add a new license exception for EAR99 medical devices and related parts, components, accessories, and attachments for use in or with medical devices that are destined for both countries and the temporarily occupied Crimea region of Ukraine, or the covered regions of Ukraine. The purpose of this final rule is to authorize under a license exception certain exports, reexports, and transfers (in-country) of “medical devices” that are being regularly approved and that advance U.S. national security and foreign policy interests. In addition, this final rule makes two corrections to the EAR related to Russia-related rules published in January, and March, 2024 by correcting an end-user control and adding a cross-reference correction.

Ecuador Official Convicted in Odebrecht Bribery Case

A federal jury in Miami has convicted the former Comptroller General of Ecuador  for his role in a multimillion-dollar international bribery and money laundering scheme. According to court documents and evidence presented at trial, between 2010 to 2015, Carlos Ramon Polit Faggioni, 73, solicited and received over $10 million in bribe payments from Odebrecht S.A., the Brazil-based construction conglomerate.

Raimondo in Kenya Promoting Data Regime

U.S. Secretary of Commerce Gina M. Raimondo and Kenyan Cabinet Secretary of Information, Communication and the Digital Economy Eliud Owalo "affirmed their shared priorities for strengthening the digital economy, promoting innovation, and increasing digital trade and investment between the United States and Kenya," according to a readout from the Commerce Department, At the Wednesday meeting the principals "reaffirmed their intention to cooperate on establishing interoperable privacy regimes and facilitating trusted cross-border data flows." Later Secretary Raimondo hosted a roundtable discussion with several leading women technology leaders in Kenya to "discuss the Biden-Harris Administration’s Digital Transformation with Africa initiative"
Enforcement
The Justice Department today announced the unsealing of an indictment charging 10 defendants in a scheme to illegally procure aircraft parts, including Honeywell Turbofan Engines, from the United States to service PDVSA’s aircraft fleet in Venezuela, in violation of U.S. sanctions and export controls.
Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department's Criminal Division announced the outlines of a voluntary self-disclosure progam in a statement Monday …
Arms dealers to Sudan & Iraq; Pennsylvanian sentenced for torture & arms to Iraq; DPRK diplomat money laundering
Sanctions

OFAC Sanctions: Iran Cyber Actors, Mali Islamists

Tuesday the Treasury Department announced sanctions on Iranian cyber actors and representatives of Islamist extremists responsible for taking hostage U.S. nationals.

Thai Plastics Firm Fined $20 Million for Iran Sanctions

Treasury's Office of Foreign Assets Control (OFAC) announced a settlement with SCG Plastics Co., Ltd., part of a multinational enterprise headquartered in Bangkok, Thailand. SCG Plastics has agreed to pay $20,000,000 to settle its potential civil liability for 467 apparent violations of OFAC sanctions on Iran.

More Iran Firms Sanctioned

Treasury’s Office of Foreign Assets Control (OFAC) is taking sweeping actions against several actors involved in Iran’s unmanned aerial vehicle (UAV) program, suppliers and customers of one of Iran’s largest steel producers, and Iranian automobile companies with connections to U.S.-designated entities Islamic Revolutionary Guard Corps (IRGC) and the Ministry of Defense and Armed Forces Logistics (MODAFL).
Policy Briefs
A new report from the House Select Committee on China found that US financial institutions have facilitated investment of more than $6.5 billion to 63 Chinese companies that the US government has red-flagged or blacklisted for advancing Beijing’s military capabilities or supporting its human rights abuses.
The USTR has requested a Rapid Response Labor Mechanism (RRM) panel under the United States-Mexico-Canada Agreement (USMCA) to resolve a labor dispute at call center operator Atento Servicios, S.A. de C.V. .    At the conclusion of its 45-day review period, Mexico found a denial of rights had existed, but determined that Atento Servicios had taken the necessary actions to remediate the denial of rights during Mexico’s review period. The United States disagrees with this determination and is requesting establishment of an RRM panel to review the situation.
Airline industry and labor groups are calling for restrictions on Chinese Airline flights to the US, citing unfair competition. The groups have asked for a "pause" to additional passenger flights between the United States and China "until U.S. workers and businesses are guaranteed equality of access in the marketplace, free from the existing harmful anti-competitive policies of the Chinese government. "
Supply Chain
The United States and Mexico Monday announced a course of remediation to address denials of rights at the RV Fresh Foods facility, which produces guacamole in the state of Michoacán. This case is the first time the United States has used the mechanism in the food manufacturing sector. It is also the first time both the United States and Mexico have identified violations related to the conduct of the petitioning union.
The leaders of the House Select Committee on China are calling on the Administration to press allies – particularly Europe and the United Kingdom – to prevent Chinese goods made by Uyghur forced labor from entering their markets. “We are particularly concerned that goods made by Uyghur forced labor continue to flood into Europe and the United Kingdom (UK), which some have described as ‘dumping grounds’ for these products that are otherwise banned from importation into the United States,” Committee Chairman Mike Gallagher (R-Wis) and ranking Democrat Raja Krishnamoorthi (Ill) wrote in a letter to Secretary of State Antony Blinken.
U.S. Department of Commerce and TSMC Arizona  a subsidiary of Taiwan Semiconductor Manufacturing Company Limited (TSMC), have signed a non-binding preliminary memorandum of terms (PMT) to provide up to $6.6 billion in direct funding under the CHIPS and Science Act.
Licensing
For the first time in fifteen years, the State Department is proposing to revise and increase the registration fees for those required to register with the Directorate of Defense Trade Controls …
The Commerce Department's Bureau of Industry and Security (BIS) published an interim final rule significantly reducing licensing requirements for Australia and the United Kingdom (UK) to foster defense trade and technological innovation. BIS is removing Commerce Control List (CCL) license requirements to allow Commerce-controlled military items, missile technology-related items, and hot section engine-related items to be exported or reexported to Australia and the UK without a license.  Similar relaxation by the State Department on ITAR controlled technology can be expected "over the course of the next 120 days," according to a statement.
The Bureau of Industry and Security (BIS), Department of Commerce is announcing its recruitment of candidates to serve on one of its six Technical Advisory Committees (“TACs”). TAC …
The United States will publish a list of advanced Chinese chipmaking factories barred from receiving key tools, Reuters reported Thursday, citing three separate sources. The list could be released in the next couple of months, according to the report..
BIS has published corrections and amendments to the October 25 2023 Semicinductor and Advanced Computing Rules. This rule corrects inadvertent errors in those rules and makes additional clarifications for the two rules. China has expressed strong opposition to the latest U.S. revised rules on semiconductor export rules, saying that it will disrupt the global semiconductor market as well as cooperation between enterprises.