Policy Briefs

Commerce’s Bureau of Industry and Security (BIS) published its first quarterly update of the boycott Requester List. This list notifies companies, financial institutions, freight forwarders, individuals, and other U.S. persons of potential sources of certain boycott-related requests they may receive during the regular course of business. The updated public list of entities who have been identified as having made a boycott-related request in reports received by BIS includes 57 additions. BIS has also removed 127 entities.

After 20 years of lackluster results building commercial vessels for Jones Act trade, Norwegian investment group Aker ASA is selling its Philadelphia shipbuilding operations to Korea's Hanwa Group for $100 million. Philly Shipyard supplies around 50% of the largest U.S. commercial vessels, including tankers and container ships. In addition, Philly Shipyard constructs training vessels for the U.S. Maritime Administration (MARAD).  

Deputy Attorney General Lisa Monaco traveled to Brussels last week to lead the U.S. delegation at the U.S.-EU Justice and Home Affairs Ministerial. The Joint Statement from the Ministerial noted that both sides focused on addressing irregular migration, with a view to fight migrant smuggling and trafficking networks, building on the call to action of the Global Alliance to Counter Migrant Smuggling launched in November 2023.

The Treasury Department Friday issued a Notice of Proposed Rulemaking to implement Executive Order 14105 of August 9, 2023, “Addressing United States Investments in Certain National Security Technologies and Products in Countries of Concern”. The NPRM builds on the Advance Notice of Proposed Rulemaking issued by Treasury last August and provides the full draft regulations and explanatory discussion regarding the intent of the proposal, and solicits comment from the public

Just in case you're still depending on a Russian vendor for your cybersecurity, the Commerce Department has banned Kaspersky Labs from directly or indirectly providing anti-virus software and cybersecurity products or services in the United States or to U.S. persons. The Final Determination by the Bureau of Industry and Security (BIS) is the first of its kind and is the first Final Determination issued by BIS’s Office of Information and Communications Technology and Services (OICTS).  

The Export-Import Bank of the United States (EXIM)  signed a US$500 million Memorandum of Understanding (MOU) for the Republic of Trinidad and Tobago. in a ceremony in Port of Spain, Trinidad June 20. The MOU will develop opportunities and support financing in the "maritime domain awareness, cybersecurity, renewable energy, and water sanitation sectors."  In addition, the bank delivered a  $150 million Letter of Interest to finance "maritime vessels and aircraft in support of its maritime operations."

The House of Representatives passed their version of the FY23 National Defense Authorization Act.  The narrow 217 to 199 vote on the normally nonpartisan legislation reflected the last minute addition of a raft of culture war amendments which alienated all but six Democrats.

 Congressional China hawks called for the Commerce Department to include Chinese drones in evolving regulations for connected vehicles.  "With UAVs’ connected software and hardware posing similar national security threats to those of other identified connected vehicles, such transactions present undue and unacceptable risks to U.S. national security," the lawmakers wrote.

After Chinese fast fashion powerhouse pulled its plans to list shares in the US, Congressional bedevilment persists. Senator Marco Rubio (R-FL) sent a letter to the U.K. Chancellor of the Exchequer, Jeremy Hunt, informing him of SHEIN’s reported human-rights abuses and exploitation of trade loopholes and the risks these tactics pose to businesses and investors. The letter urges Hunt to investigate SHEIN thoroughly before allowing the company to list on the London Stock Exchange.  

A renewed urgency has gripped Capitol Hill's China hawks to call for the Chief of the U.S. Patent & Trademark Office (PTO) to report on patents issued to Chinese inventors.    In place since the Carter Administration and renewed every five years, the United States - China Science and Technology Agreement (STA) "is a vector to give the PRC access to U.S. dual-use research and presents a clear national security risk...The Biden Administration must stop fueling our own destruction and allow the STA to expire," the lawmakers write.

At the IPEF Clean Economy Investor Forum participants "identified $23 billion of priority infrastructure projects for consideration"  at the inaugural meeting in Singapore June 6. Among the major committments announced were cloud computing, data center and submarine cable projects, India's first battery energy storage system, a carbon capture scheme in Singapore, and several hundred million dollars of U.S. International Development Finance Corporation (DFC) funding to investment funds in the region.

Congressional Republican China hawks have called for a comprehensive ban on trade and investment dealings with two leading manufacturers of electric vehicle battery systems, Led by the new Chair of the House Select China Committee John Moolenaar (R-MI), the lawmakers wrote letters detailing "shocking new evidence implicating major Chinese battery manufacturers, Gotion and CATL, in Chinese Communist Party state-sponsored slave labor and the ongoing Uyghur genocide." The letters to Mr. Silvers detail supply relationships between the two firms and mineral, metals and labor providers currently under US sanction for their involvement in modern slavery in the Xinjiang Uyghur Region of Western China.

The Five Eyes Security Alliance issued a joint bulletin warning about continued efforts by the People’s Republic of China (PRC) to recruit current and former Western military personnel to train the PRC military. "The most sought-after targets to-date have been military pilots, flight engineers, and air operations center personnel. The PRC has also targeted technical experts with insight into Western military tactics, techniques, and procedures," according to the bulletin.

In an Opinion piece published in The Financial Times, Deputy Treasury Secretary Adeyemo continued his call for more diligence on the part of allies, industry and the banking community. "It is important to recognise that the success of our sanctions and export controls is only possible because of a partnership with the private sector. Companies have already done a great deal to help us constrain the Kremlin’s access to goods, but we need them to do more." Mr. Adeyemo said he was not faulting U.S. manufacturers and banks as complicit in Russia's efforts to evade sanctions. "Every time I talk to a major CEO, they ask me what more can they do?

U.S. Customs and Border Protection (CBP) is renewing the Automated Commercial Environment (ACE) Export Manifest for Vessel Cargo Test, a National Customs Automation Program (NCAP) test concerning ACE export manifest capability. The ACE Export Manifest for Vessel Cargo Test is a voluntary test in which participants agree to submit export manifest data to U.S. Customs and Border Protection (CBP) electronically at least twenty-four hours prior to loading of the cargo onto the vessel in preparation for departure from the United States.

The Ninth annual Nordic-Baltic + U.S. Cyber Consultation (NB8 + U.S.) met in Tallinn, Estonia on May 28. U.S. Deputy Assistant Secretary of State for International Cyberspace Security Liesyl Franz led the U.S. delegation and advocated the United States’ International Cyberspace and Digital Policy Strategy.

Twelve GOP lawmakers sent a letter to U.S. Treasury Secretary Janet Yellen calling on the Office of Foreign Assets Control and Financial Crimes Enforcement Network to investigate six People's Republic of China (PRC) companies, including two of the largest oil companies in the PRC. .The apparent intent is to discourage US investors from owning shares in the firms, several of which are included in East Asian Stock Indexes.

A bipartisan group of lawmakers are urging President Biden to act on a new law allowing him to seize frozen Russian assets and give them to Ukraine for reconstruction ahead of the G7 finance ministers’ meeting. The lawmakers asked for a briefing by June 1 on the progress of talks being led by the National Security Council to encourage G7 and European Union partners to find creative mechanisms for using Russian sovereign funds frozen in their respective jurisdictions.

Wednesday the House Foreign Affairs Committee  passed H.R. 8315, the “Enhancing National Frameworks for Overseas Critical Exports Act” (ENFORCE Act) 43-3, with broad bipartisian support.   Introduced by Rep. Michael McCaul, the bill expands the authority of the BIS to control the export of Artificial Intelligence Systems.

A report from the GAO notes the challenges facing nonproliferation safeguards efforts due to limited funding if the International Atomic Energy Association (IAEA) and a growing set of threat opportunities.

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