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Monaco at Cambridge: AI at the 'Very Top' of Export Control Enforcement

U.S. Deputy Attorney General Lisa O. Monaco participated in a dialogue moderated by Sam Daws at the Oxford Martin School's Lecture Theatre after speaking on
Deputy Attorney General Lisa O. Monaco delivered remarks on "the Promise and Peril of AI," at Oxford University February 14, calling  an "inflection point with AI." Claiming that "AI is the ultimate disruptive technology," she vowed that the Distruptive Technology Strike Force established last year to coordinate export control activities, will place AI at the "very top" of its enforcement priority list.
Lexmark Parent Still Under Slavery Embargo
Despite a board of directors rich with boldfaced Washington names, Lexmark parent Ninestar corporation appears unlikely to break free of its designation as an employer of modern slavery under the Uyghur Forced Labor Protection Act. Last week Judge Gary Katzmann denied Ninestar’s Motion for Preliminary Injunction staying the Listing Decision.  
Google Engineer Steals AI IP for Chinese Venture
A federal grand jury indicted a Chinese national, charging him with four counts of theft of trade secrets in connection with an alleged plan to steal from Google LLC (Google) proprietary information related to artificial intelligence (AI) technology. According to the indictment, returned on March 5, Linwei Ding, aka Leon Ding, 38, a national of the People’s Republic of China and resident of Newark, California, transferred sensitive Google trade secrets and other confidential information from Google’s network to his personal account while secretly affiliating himself with PRC-based companies in the AI industry. Ding was arrested March 6th.
TriSeal Note for Foreign Persons on Sanctions & Export Controls
The Departments of Justice, Commerce, and Treasury’s Office of Foreign Assets Control, have issued a Tri-Seal Compliance Note: Obligations of foreign-based persons to comply with U.S. sanctions and export control laws. The Note highlights the applicability of U.S. sanctions and export control laws to persons and entities located abroad, as well as the enforcement mechanisms that are available for the U.S. government to hold non-U.S. persons accountable for violations of such laws, including criminal prosecution.

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

Middle East Allies to get FMS Special Treatment

House Foreign Affairs Committee Chairman Michael McCaul (R-TX) joined Rep. John James (R-MI) to introduce the Enhance Cooperation Against Terrorism Act. This legislation will help improve security cooperation between countries in the Middle East and North Africa region by expediting congressional review of arms sales to U.S. partners and allies

FY 25 Budget Requests Released

As the federal government approaches the halfway point in FY 2024 without congressional budget approval, the White House has introduced the spending plan for FY 2025. The Commerce Department is asking for additional funds for Artificial Intelligence and Export Control Enforcement.

Brazilian Money Laundering Sanctions

Treasury’s Office of Foreign Assets Control (OFAC) designated Diego Macedo Gonçalves do Carmo (Gonçalves), a member of Primeiro Comando da Capital (PCC), a Brazil-based criminal organization sanctioned pursuant to counter narcotics authorities. The PCC is the most notorious organized crime group in Brazil and among the largest in Latin America, and Gonçalves is a key operative responsible for laundering hundreds of millions of dollars for the organization.

TikTok Bill Opposed for Slapdash Pace

The House passed the Protecting Americans from Foreign Adversary Controlled Applications Act which calls for the forced sale of TikTok by its Chinese owner to an American person or entity.  The legislation, passed by a vote of 352-65.   197 Republican lawmakers voted for the measure and 15 against. On the Democratic side, 155 voted for the bill and 50 against.

Somali Sanctions: al-Shabaab

The United States is designating sixteen entities and individuals in a transnational network that spans the Horn of Africa, United Arab Emirates, and Cyprus, for facilitating financing and money laundering for the al-Shabaab terrorist organization, a terrorist group responsible for some of the worst terrorist attacks in East Africa’s modern history.

US Steel Deal Draws Fire from White House

President Biden voiced his opposition to Nippon Steel acquiring US Steel.  Labor cheered; the Chamber of Commerce jeered. "U.S. Steel has been an iconic American steel company for more than a century, and it is vital for it to remain an American steel company that is domestically owned and operated," said the President.
Enforcement
March 7th, the Justice Department published its revision of the National Security Division Enforcement Policy,   This Enforcement Policy sets forth the criteria that NSD, in partnership with U.S. Attorneys’ Offices and other Department litigating components, uses in determining an appropriate resolution for organizations that make a voluntary self-disclosure in export control and sanctions matters.
Treasury’s Office of Foreign Assets Control (OFAC) today announced a settlement with EFG International AG, a Switzerland-based global private banking group. EFG has agreed to pay $3,740,442 to settle its potential civil liability for processing 873 securities transactions in apparent violation of the Cuban Asset Control Regulations, the Kingpin Act, and Executive Order 14024. The settlement amount reflects OFAC’s determination that EFG’s apparent violations were voluntarily self-disclosed and were non-egregious.
FinCEN is issuing a proposed rule to require certain persons involved in real estate closings and settlements to submit reports and keep records on identified non-financed transfers of residential real property to specified legal entities and trusts on a nationwide basis.
Sanctions

Reward OFAC Aggression: Sen. Rubio

U.S. Senator Marco Rubio (R-FL) introduced the Sanctions Recovery Act to "incentivize" OFAC to strictly enforce sanctions. "OFAC has not been as aggressive in sanctions enforcement as it should be." The bill would allow the agency to acquire 5 percent of foreign assets seized as well as of sanctioned fines. The amount collected would benefit salaries and administrative costs, and thus allow OFAC to increase sanctions and recompense Treasury for further enforcement efforts.

Magnitsky Act Regs Expanded, Uyghur Act Incorporated

OFAC is amending and reissuing the Global Magnitsky Sanctions Regulations (31 CFR part 583) as a more comprehensive set of regulations that includes additional interpretive guidance and definitions, general licenses, and other regulatory provisions that will provide further guidance to the public. Further, OFAC is adding the Uyghur Human Rights Policy Act of 2020, as amended to the authority citation of 31 CFR part 583. Due to the number of regulatory sections being updated or added, OFAC is reissuing the Regulations in their entirety.

OFAC Sanctions More Iran / Houthi Vessels & Shippers

Treasury’s Office of Foreign Assets Control (OFAC) took additional action to target shipments of Iranian commodities undertaken by the network of Iran-based, Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF)-backed Houthi financial facilitator Sa’id al-Jamal. The most recent action targets two Hong Kong- and Marshall Islands-based ship owners and two vessels for their role in shipping commodities on behalf of al-Jamal, and follows a February 27 action targeting a related vessel, the ARTURA. 
Policy Briefs
Deputy Attorney General Lisa Monaco announced a new whistleblower program during her Keynote Remarks at the American Bar Association’s 39th National Institute on White Collar Crime Other Speakers at the event included Acting Assistant Attorney General Nicole M. Argentieri and Assistant Attorney General Matthew G. Olsen [Prepared Remarks ]
The House Energy and Commerce Committee advanced two bipartisan pieces of legislation today to protect Americans’ data and national security against foreign adversaries. Both bills were advanced to the House Floor with unanimous support. 
House Republican leaders have sent a letter to Shanghai Zhenhua Heavy Industries (ZPMC), the dominant supplier of port cargo cranes, demanding answers regarding findings of the Committees’ joint investigation into the operation of ZPMC-manufactured cranes at U.S. ports.  The letter details concerns related to cellular modems discovered on ship-to-shore (STS) crane components at a U.S. seaport and a cellular modem discovered in another U.S. seaport’s server room that houses STS cranes’ firewall and networking equipment.
Supply Chain
Calls for the US to ratify the 1994 Law of the Sea Convention (LOSC) have been growing as signatories continue to divvy up the undersea world's resources without a place at the table for Washington. Meanwhile, congressional mining boosters have introduced a bill calling for the Administration to prepare studies of the topic of seabed mining …
Biotechnology Innovation Organization (BIO), a major American trade group, endorsed the Prohibiting Foreign Access to American Genetic Information Act of 2024  (BIOSECURE Act) and announced that WuXi AppTec would exit the membership organization. This news comes days after Rep Mike Gallagher (R-WI) wrote to Attorney General Merrick Garland complaining that BIO was advocating against the legislation, on behalf of WuXi AppTec and other China-based members of the trade association.
Ford Motor Company has agreed to pay the United States $365 million to resolve allegations that it violated the Tariff Act of 1930 by misclassifying and understating the value of hundreds of thousands of its Transit Connect vehicles. The settlement resolves allegations that Ford devised a scheme to avoid higher duties by misclassifying Turkey-built cargo vans with "sham seats," evading the "Chicken Tax" on light truck imports.
Licensing
BIS amends the Export Administration Regulations (EAR) to apply more restrictive treatment to exports and reexports to, and transfers (in-country) within, Nicaragua of items subject to the EAR. This rule builds on BIS’s prior actions, such as the addition of the Nicaraguan National Police to the Entity List on March 28, 2023, and advances the U.S. Government’s efforts to restrict the availability of items subject to the EAR to Nicaragua’s military and security services. This action is consistent with the State Department’s addition of Nicaragua to the list of countries that are subject to a U.S. arms embargo under the International Traffic in Arms Regulations (ITAR).
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to clarify controls on radiation hardened integrated circuits, including controls on computer and telecommunications equipment incorporating such radiation hardened integrated circuits.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice has published two notices for firearms dealers. The first reviews form 9, for approval to export. The second governs reporting of certain long gun sales in southern border states.
The Boeing Company will make three $9 million payments to the government to settle a pattern of material violations of export control law, including unauthorized exports of USML controlled technical data, unauthorized exports of defense articles, and Unauthorized Exports Resulting from Fabricated Permanent Export Licenses. The company agreed to name a Designated Official to head a review of the firms compliance and to spend at least $24 million on consultants, auditors and training.
Nearly $500,000 of forfeited proceeds of an illicit machine tool sale to Russian buyers will be used to support a drone-based program to assess the damage Russian aggression has done to Ukraine’s electrical distribution and transmission infrastructure. Deputy Attorney General Lisa Monaco and Estonian Secretary General Tõnis Saar announced  the transfer at the Munich Security Conference Saturday Feb 17.