Top Story

CFIUS Volume Growth Calls for Reforms: GAO Report

Since 2000, the number of mitigation agreements has steadily increased, approximately quadrupling in the last decade
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).
Senator Maggie Hassan Chairing Hearing Thursday
Senate Focus on Export Control Enforcement
Wednesday Senators Mitt Romney (R-UT) and Maggie Hassan (D-NH), introduced bipartisan legislation to bolster the Export Enforcement Coordination Center—an interagency hub for information sharing and coordination among the key agencies responsible for export control enforcement. At a hearing Thursday, officials from Commerce, Justice and Homeland Security were unanimous in their call for resources from Congress.
Thea Kendler talks with reporters at the BIS Update Conference
BIS Export Administration: New Organization
Export Administration is getting a new leadership framework, including the creation of Deputy Assistant Secretary roles for Strategic Trade and Technology Security, under the oversight of the newly elevated Principal Deputy Assistant Secretary Matt Borman. The Changes involve dividing EA’s functions into two primary channels: Strategic Trade, focusing on licensing, outreach, and training, and Technology Security, which encompasses defense industrial base (DIB) responsibilities, analysis, and regulatory work.

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

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."

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.

Arrest in Executive Jet Fleet Scheme for Venezuelans

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.

Individual Self Disclosure Pilot Announced

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 …

State Department to Increase DDTC Registration Fees

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 …

USMCA Guacamole Labor Spat Remedied

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.
Enforcement
Arms dealers to Sudan & Iraq; Pennsylvanian sentenced for torture & arms to Iraq; DPRK diplomat money laundering
The president of Orlando, Florida-based steel trading firm Metalhouse LLC, was sentenced to six years in prison for conspiracy to commit money laundering to promote violations of U.S. sanctions against Sergey Kurchenko, a pro-Russian Ukrainian oligarch.   A business associate, a Belarusian national residing in Miami, was sentenced to 21 months in prison for his role in the scheme.
Public Company Accounting Oversight Board (PCAOB) Chair Erica Y. Williams announced a record $25 million fine sanctioning KPMG Netherlands for widespread improper answer sharing and the firm's multiple misrepresentations about its knowledge of the misconduct.
Sanctions

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).

Ballistic Missile Suppliers Sanctioned

The State Departemnt designated four entities pursuant to Executive Order 13382, which targets proliferators of weapons of mass destruction and their means of delivery. These entities – three based in the People’s Republic of China and one in Belarus – have supplied missile‐applicable items to Pakistan’s ballistic missile programs, including its long-range missile program.
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 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.
U.S. Customs and Border Protection (CBP) personnel at all U.S. ports of entry will detain work gloves manufactured by Shanghai Select Safety Products Company, Limited and its two subsidiaries.. CBP issued a Withhold Release Order (WRO) against Shanghai Select Safety Products Company, Limited and its two subsidiaries Nantong and HK, based on information that reasonably indicates the use of convict labor in violation of 19 U.S.C. § 1307 in the production of that merchandise.
Licensing
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.
The Commerce Department's Bureau of Industry and Security 2024 Update Conference kicked off Wednesday to a full house in Washington, with over 1,100 attendees registered and many breakout sessions extended to overflow rooms with video feeds. While Commerce Secretary Gina Raimonda was unable to attend in person, Under Secretary of Commerce for Industry and Security Alan Estevez greeted attendees with a recap of the work undertaken since the last conference in 2022, and insights on where things are headed.