BIS has recently updated its Guidelines for Preparing Export License Applications Involving Foreign Persons (Deemed Exports/Reexports).
On September 6, the U.S. Departments of State, Agriculture, Commerce, Homeland Security, and Treasury jointly released an updated warning for U.S. businesses about risks to their operations and activities in Hong Kong. Risk factors that were formerly limited to mainland China are now also a concern in Hong Kong and could affect commerce, trade, and seemingly routine individual commercial activities in Hong Kong. Many of these risks stem from the 2020 Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong SAR (National Security Law, or NSL), as well as the Safeguarding National Security Ordinance (SNS Ordinance), which was enacted in March 2024 under Article 23 of Hong Kong’s Basic Law.
BIS released a Notice of Proposed Rulemaking outlining a new mandatory reporting requirement for the world’s leading AI developers and cloud providers. The proposed rule requires developers of the most powerful AI models and computing clusters to provide detailed reporting to the federal government. This includes reporting about developmental activities, cybersecurity measures, and outcomes from red-teaming efforts, which involve testing for dangerous capabilities like the ability to assist in cyberattacks or lower the barriers to entry for non-experts to develop chemical, biological, radiological, or nuclear weapons.
A 76-year-old Texas man has been taken into custody on charges of smuggling parts and components used in the production of unmanned aerial vehicles (UAVs), as well as other manned aircraft, from the United States to Iran. The complaint alleges that on several occasions, authorities searched Goodarzi’s luggage and found numerous aircraft parts and components hidden within articles of clothing.
The Justice Department today announced the seizure of a Dassault Falcon 900EX aircraft owned and operated for the benefit of Nicolás Maduro Moros and persons affiliated with him in Venezuela. The aircraft was seized in the Dominican Republic and transferred to the Southern District of Florida at the request of the United States based on violations of U.S. export control and sanctions laws.
The Commerce Department should adopt a blanket “presumption of denial” posture for export license applications that would send critical technology to any entity based in China, according to Sen. Marco Rubio (R-Fla). Commerce should impose the strict controls because of the demonstrably high risk that such applications are intended to circumvent export controls, the senator said.
A new air cargo screening directive issued Aug. 21 by the TSA has some carriers looking for clarification from the U.S. government, and at least one carrier has issued an embargo on U.S. routes via Europe. The emergency amendment – with restricted access –requires carriers to submit additional details of shippers and consignees to the US Customs and Border Protection agency.
A Virginia couple were indicted for sanctions violations and money laundering related to the Husband's work as a TV presenter and the wife's acting as an art & collectibles procurement agent for sanctioned Russian oligarch Aleksander Udoddov.
Bureau of Industry and Security (BIS) is implementing export controls on several semiconductor, quantum, and additive manufacturing items with an interim final rule published September 6th. The rule adds and revises Export Control Classification Numbers (ECCNs) in the Commerce Control List, adds a new license exception for countries that have implemented equivalent technical controls, and adds two new worldwide license requirements to the national security and regional stability controls in the Export Administration Regulations (EAR). The new controls include a limited number of deemed export requirements in the sectors of quantum computers, materials, and related electronic assemblies; aerospace technology; and integrated circuit “development” or “production.”
The Department of the Treasury's Office of Foreign Assets Control (OFAC) is issuing Russia-related General License 25E - "Authorizing Transactions Related to Telecommunications and Certain Internet-Based Communications," along with a related FAQ. Additionally, OFAC is publishing an alert, "Russian Attempts to Evade Sanctions Using New Overseas Branches and Subsidiaries," to warn foreign jurisdictions and financial institutions about Russia’s attempts to evade sanctions by opening new overseas branches and subsidiaries of Russian financial institutions.
Treasury’s Office of Foreign Assets Control (OFAC) designated 10 individuals and two entities as part of a coordinated U.S. government response to Moscow’s efforts to influence the 2024 U.S. presidential election. Beginning in early 2024, executives at RT—Russia’s state-funded news media outlet—began an ever more nefarious effort to covertly recruit unwitting American influencers in support of their malign influence campaign. RT used a front company to disguise its own involvement or the involvement of the Russian government in content meant to influence U.S. audiences. According to the Treasury statement, the Kremlin has increasingly adapted its efforts to hide its involvement by developing a vast ecosystem of Russian proxy websites, fake online personas, and front organizations that give the false appearance of being independent news sources unconnected to the Russian state.
RTX Corporation, the defense contracting roll-up formerly known as Raytheon, has entered into a settlement agreement with the U.S. Department of State following a comprehensive investigation into violations of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR). By paying $100 million in fines and promising to spend another $100 million on compliance programs, the firm avoids debarment and further criminal or civil action.
Department of State, Directorate of Defense Trade Controls (DDTC) is requesting comments on the administration of Form DS-2032 Statement of Registration;
The Justice Department declined to prosecute the Boston Consulting Group, Inc. (BCG) for a scheme in which the firm paid $4.3 million in "commissions" to obtain consulting contracts with the government of Angola. The Government’s investigation found evidence that from in or about 2011 until in or about 2017, BCG, through its Lisbon, Portugal office, paid its agent in Angola to help BCG obtain business from the Angolan Ministry of Economy (“MINEC”) and the National Bank of Angola (“BNA”).
Evidently the "strong concerns with Canada’s unilateral digital service tax" the USTR cited in the readout of last weeks meeting between Ambassador Katherine Tai and Minister of Export Promotion, International Trade, and Economic Development, Mary Ng. Involved a preview of a USMCA dispute settlement complaint. Friday Tai announced that the United States has requested dispute settlement consultations with Canada under the United States-Mexico-Canada Agreement (USMCA) regarding Canada’s recently enacted digital service tax (DST).
The Transportation and Related Equipment Technical Advisory Committee will meet on September 18, 2024, 9:30 a.m. – 3 p.m., eastern daylight time, in the Herbert C. Hoover Building, Room 1412, 1401 Constitution Avenue, N.W., Washington, D. C.
Treasury’s Financial Crimes Enforcement Network (FinCEN) issued two rules to help safeguard the residential real estate and investment adviser sectors from illicit finance. The investment adviser rule is slated to go into effect in January 2026. Its residential real-estate rule is scheduled to begin in December 2025.
Congressional China hawks have called for U.S. Department of Defense to immediately place Contemporary Amperex Technology Limited (CATL) on the Section 1260H List, which provides transparency on Chinese military companies operating in the United States. Chairman John Moolenaar (R-MI) of the House Select Committee on the Chinese Communist Party and Sen. Marco Rubio (R-FL) sent a letter to Defense Secretary Lloyd Austin urging the move, stating "By including CATL on the Section 1260H List, the DoD would not only safeguard America’s military infrastructure from exposure to the PLA, it would also send a powerful signal to U.S. companies who are currently weighing partnerships with CATL.”
The U.S. Agency for International Development (USAID) is considering updating its sanctions-related provisions and contract clauses for assistance and acquisition awards. A primary factor under review is whether to expand reporting requirements to enhance USAID's monitoring of recipients' and contractors' activities involving sanctioned jurisdictions or sanctioned individuals and entities subject to the sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).
The Materials and Equipment Technical Advisory Committee will meet on September 12, 2024, 10:00 a.m.–3:30 p.m., Eastern Daylight Time, in the Herbert C. Hoover Building, Room 3884, 1401 Constitution Avenue NW, Washington, DC