Under the Dodd-Frank Act, a whistleblower who exposes fraud can receive a monetary award and anti-retaliation protections through the U.S. Securities and Exchange Commission (SEC) Whistleblower Program - as long as they blow the whistle voluntarily. A definition of “voluntary” may seem simple enough. However, some Dodd-Frank whistleblowers who, acting of their own free will and without legal obligation, report fraud are considered “involuntary” simply because they reported to the media, other government agencies, foreign law enforcement, or a U.S. embassy.
After complaining since at least 2005 that "we really need to do something about ITAR. It is really hurting U.S. industry,” and citing export controls for not hiring eligible non-citizens, South African immigrant Elon Musk's company SpaceX has been sued by the Justice Department for employment discrimination. The United States Department of Justice has filed a lawsuit against Space Exploration Technologies Corp. (SpaceX) for discriminating against asylees and refugees in its hiring process. The lawsuit contends that from September 2018 to May 2022, SpaceX deliberately discouraged such individuals from applying for positions within the company, violating the Immigration and Nationality Act (INA).
Chinese printer manufacture Ninestar, parent of Lexmark International, has filed a lawsuit against the U.S. Department of Homeland Security (DHS) and other related parties of the U.S. government before the U.S. Court of International Trade. DHS added Ninestar and certain of its subsidiaries to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, and the company "is suffering irreparable harm to its business and reputation based on the listing," according to a statement.
The Bureau of Industry & Security published an advisory opinion on the release of licensed technology to employees of the foreign subsidiary while on temporary work assignment at the home office. No additional deemed export license is required for these employees, while any new “technology” or “software” that is either “released” to those employees in the United States or created in the United States that is not authorized by the existing BIS license would require a new export license or other authorization from BIS.
Arizona-based First Solar released findings from a third party audit of their Malaysia facility, highlighting unethical practices involving foreign migrant workers. The report details the actions taken by First Solar to address the issues, emphasizing the company's commitment to transparency and responsible solar energy development.
The Securities and Exchange Commission (SEC) has announced a combined award exceeding $104 million to seven whistleblowers, marking the fourth largest sum in the SEC’s whistleblower program's history. Several of the whistleblowers are reported to be foreign nationals, reporting misconduct in "multiple territories".
While Congress takes a Summer recess, Chairman Mike Gallagher (R-WI) and his Congressional Select Committee on the Chinese Communist Party continue to badger communists and their supporters at every turn, from coastal investment elites to row crop farmers in Iowa. Thursday, Mr. Gallagher, Ranking Member Raja Krishnamoorthi (D-IL), and Rep. Ashley Hinson (R-IA), hosted a roundtable event in Dysart, Iowa to highlight the Chinese Communist Party's agricultural technology theft.
Free and Open Source Software (FOSS) refers to software that is released with a license that grants users the freedom to use, modify, and distribute the software. FOSS provides numerous benefits for developers, including collaborative development, flexibility, and the ability to leverage existing solutions. However, it also requires careful license compliance, intellectual property considerations, security awareness, community evaluation, integration management and as you will come to understand, unique Trade Control challenges.
The Uyghur Region produces between one third and one half of the world’s solar-grade polysilicon, as well as much as 32% of global metallurgical grade silicon (MGS), polysilicon’s pre-cursor material. So if it's a solar panel, the odds are good slavery had a hand making it. Alan Crawford and Laura Murphy of Sheffield Hallam University published a review of the solar panel supply chain and its potential exposure to modern slavery, and the findings were discouraging. “Despite significant global pressure for increased transparency, information regarding solar industry sourcing is becoming less transparent over time, thwarting the world’s ability to source ethically,” the Authors write.
The State Department has published an interim measure to streamline defense trade of U.S. origin items while the administration pursues legislative changes. The AUKUS pact, a defense agreement among Australia, the United States, and Britain, was signed in 2021 and involves $368 billion worth of investments.
OFAC has released the first episode of its “Introduction to OFAC” web series, a series of short videos created to provide viewers with a high-level introduction on the fundamentals of OFAC and sanctions implementation. The first episode introduces viewers to OFAC and its place within the U.S. government, as well as its history, mission, and relationship with the public.
The Board of Directors of the Export-Import Bank of the United States (EXIM) announced their approval of a 400 million dollar credit guarantee for the trading book of a Swiss commodity trader. Financial Institution Buyer Credit (FIBC) policies backstop credit lines for Geneva – based Trafigura to broker natural gas purchases from the US “primarily to European Buyers,” according to the EXIM announcement.
The U.S. Department of Justice (DOJ) and the Office of the U.S. National Intelligence Director (ODNI) have declared the fulfillment of their commitments under President Joe Biden's Executive Order (EO) 14086 regarding the EU-U.S. Data Privacy Framework. Since 2020, when the European Court of Justice nullified the EU-U.S. Privacy Shield agreement due to concerns about U.S. government surveillance activities, the U.S. and the EU have been on a quest to establish a new data flow mechanism. This decision unsettled transatlantic data transfers and necessitated a resolution that would ensure enhanced privacy and data protection for EU data subjects. Secretary of Commerce Gina Raimondo said in a press statement that the DOJ's designation of EU member states, as well as Iceland, Liechtenstein, and Norway, as "qualifying states." These designations allow citizens of these nations to seek redress through the proposed Data Protection Review Court, offering enhanced U.S. privacy protections in the process.
The operating practice of trade compliance is bifurcated into customer due diligence (CDD) and managing import and export controls. CDD involves vetting customers and suppliers using …
The Financial Crimes Enforcement Network (FinCEN) and the Bureau of Industry and Security (BIS) of the U.S. Department of Commerce have issued a supplemental joint alert urging financial institutions …
A year ago, a breakthrough was expected in the U.S.-Cuba economic relationship when the Biden administration approved the first OFAC license allowing direct investment in and direct financing to a privately-owned Cuban company. However, no funds have been delivered, due to a lack of regulatory framework by the Cuban government, and conviction in Washington is lacking.
As global supply chains become increasingly complex, businesses face significant challenges in ensuring compliance with laws, regulations, and industry standards. Non-compliance can lead to legal penalties, financial losses, and reputational damage, making supply chain compliance risk mitigation crucial.
The White House Office of Science and Technology Policy (OSTP) requests comments from the public on draft Research Security Programs Standard Requirement developed in response to National Security Presidential Memorandum 33 on National Security Strategy for United States Government-Supported Research and Development (R&D).
In a presentation the CBPs Forced Labor Expo in Wednesday, Dr. Laura Murphy of Sheffield Hallam University (UK) made an impassioned plea for industry to know their supply chain.
The White House marked the anniversary of Russia’s invasion of Ukraine with a raft of spending, tariffs, sanctions and export controls aimed at Russia and her enablers.