Policy Briefs

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.

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.

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.

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.

President Biden issued an Executive Order intending to prevent the large scale transfer of Americans’ personal data to “countries of concern,” including Russia and China.  The Executive Order targets personal and sensitive information, including genomic data, biometric data, personal health data, geolocation data, financial data, and certain kinds of personally identifiable information.

The U.S. Department of State’s Bureau of Political-Military Affairs “the Bureau” is accepting membership applications for the Defense Trade Advisory Group (DTAG). The Bureau is interested in applications from subject matter experts from the United States defense industry, relevant trade and labor associations, and academic and foundation personnel.

The foreign ministers of South Korea, the United States and Japan agreed on the need for a firm response to North Korea's provision of arms to Russia for its war against Ukraine, as well as on enhancing cooperation to address North Korean threats, South Korea's Foreign Ministry said Friday.

The Financial Crimes Enforcement Network (FinCEN) published a small entity compliance guide today that provides an overview of the requirements regarding access to beneficial ownership information (BOI) by small entities. The guide includes sections summarizing the Access Rule’s requirements that pertain to small financial institutions’ access to BOI. 

Under Secretary of the Treasury for Terrorism and Financial Intelligence Brian E. Nelson will travel to European capitals this week to coordinate the allied response to the Russian invasion of Ukraine. Nelson's schedule includes the Munich Security Conference, meetings in Brussels with EU counterparts, and in Paris the Plenary of the Financial Action Task Force.

Homeland Security Secretary Alejandro Mayorkas delivered the keynote address to the Munich Cyber Security Conference in Munich, Germany. "The world is on the cusp of a new era in the digital revolution," he said. "We must answer the question of how security and governance should be exercised on this modern digital landscape, in service of the world’s economic and social well-being."

Deputy Attorney General (AG) Lisa Monaco traveled to London this week to highlight the continued collaboration of the United States and United Kingdom to combat persistent threats to global security, including emerging challenges like the theft and misuse of disruptive technologies, especially artificial intelligence (AI). Together with Permanent Secretary Matthew Rycroft, the Deputy AG convened the second meeting of their ongoing, strategic dialogue, combining the expertise and capabilities of the Home Office and the Justice Department to identify and address emerging threats.

The House Foreign Affairs Committee held a hearing Wednesday examining the importance of the trilateral AUKUS security pact among the United States, United Kingdom, and Australia. Scrupulously avoided during the hearing on military assistance was mention of the $95.34 billion military aid package for Ukraine and other allies being blocked by House leadership. At the hearing, Chairman Michael McCaul (R-TX) discussed the importance of reforming America’s foreign military sales (FMS), called for rebuilding the country’s defense industrial base, and hinted at reforms to existing arms control and nonproliferation policies. Testifying was Under Secretary of State for Arms Control and International Security Bonnie Jenkins, who defended the Biden Administration’s initiatives within her remit.

Caroline Tuckett and Kevin Rowlands discuss the prospects of Russia's continued adherence to the UN Convention on the Law of the Sea (UNCLOS) and other disturbing developments in the "rules-based" maritime order. An article for Britian's Royal United Services Institure notes Russian threats to the right of innocent passage, as provided for under UNCLOS Article 8 (2).   

Mexico’s Secretary of Security and Citizen Protection hosted her Canadian and U.S. counterparts for the fourth meeting of the Trilateral Fentanyl Committee. Participants agreed on greater collaboration on testing protocols and recovery initiatives, as well as enhanced reporting and participation in the U.S. ATF's e-Trace weapons tracing program.

Five US venture capital firms invested at least $3 billion in Chinese critical technology companies, many aiding the Chinese military, surveillance state or Uyghur genocide in Xinjiang, according to a new report from the House Select Committee on China.

Chairman Mike Gallagher (R-WI) of the House Select Committee on the Chinese Communist Party wrote to the Departments of Defense and Transportation, exposing critical deficiencies in the United States’ military sealift capabilities in the Indo-Pacific. Mr. Gallagher calls for an immediate expansion of U.S. sealift capacity, requesting information from the Departments about the current sealift fleet and plans for fleet expansion

The House Foreign Affairs Committee will hold a markup to consider various measures regarding export controls, prohibiting US contributions to UNRWA, restricting Iran’s access to U.S. goods and technology to manufacture missiles and long-range drones, designating the Houthis as a foreign terrorist organization, and enhancing efforts to end international human trafficking on Tuesday, February 6th.

The European Commission has  issued new Guidelines on data gathering and processing on export controls.   This follows the Commission White Paper on export controls, released Thursday 25 January, which highlights the need to fully implement the EU’s dual-use regulation. The Guidelines set out in detail the process for the collection of licensing data by the European Commission and the competent authorities of the Member States. The White Paper suggests several measures, including the reinforcement of uniform controls in the EU, establishing a forum for political coordination on export controls, enhancing the coordination of new National Control Lists, and moving forward the evaluation timeline of the Dual-use Regulation.

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