The United States today designated eight individuals who organized and executed the commemoration of Republika Srpska (RS) Day on January 8-10, 2024 in support of RS President Milorad Dodik’s secessionist agenda.  Seven of those sanctioned today also helped plan and organize the 2025 commemoration.  RS commemorations have been determined to be unconstitutional by the Constitutional Court.  Directed and overseen by Dodik, they are emblematic of Dodik’s longstanding efforts to undermine the 1995 Dayton Peace Agreement, a cornerstone for regional peace and security. 

In cooperation with the Vatican, the Biden Administration made several meaningful diplomatic concessions in a negotiation for the release of political prisoners by the Havana regime. "We are taking several steps to support the Cuban people as part of an understanding with the Catholic Church under the leadership of Pope Francis and improve the livelihood of Cubans," said Press Secretary Karine Jean-Pierre. Cuba has announced that it will release from prison 553 people “convicted of various crimes.

The U.S. Trade Representative has issued findings in the Section 301 investigation of the People’s Republic of China’s (PRC) targeting the maritime, logistics, and shipbuilding sectors for dominance, concluding that the PRC’s targeted dominance in these sectors is unreasonable and burdens or restricts U.S. commerce, and is therefore “actionable” under Section 301. As the petitioner U.S. unions have highlighted, the entrenchment of the PRC’s dominance means that U.S. international trade is “carried out on vessels made in China, financed by state-owned Chinese institutions, owned by Chinese shipping companies, and reliant on a global maritime and logistics infrastructure increasingly dominated by China.”

The Department of Commerce’s Bureau of Industry and Security and the Treasury’s Office of Foreign Assets Control imposed approximately $2.5 million in combined civil penalties against a California machine tool builder for permitting authorized distributors to sell equipment and repair parts to sanctioned entities in China and Russia, “Today’s coordinated resolution with OFAC demonstrates our resolve to hold accountable companies that do not put in place effective compliance programs to prevent exports to Entity Listed companies,” said Acting Assistant Secretary for Export Enforcement Kevin J. Kurland. 

The Department of State amends the International Traffic in Arms Regulations (ITAR) to remove from the U.S. Munitions List (USML) items that no longer warrant inclusion, add to the USML items that warrant inclusion, and clarify certain entries. With these amendments, the Department also supersedes and thus terminates the temporary modification to USML Category VIII that was published on December 4, 2023, and extended on November 26, 2024.

CBP proposes to make merchandise that is subject to specified trade or national security actions (Section 301, Section 232, or Section 201 trade measures) ineligible for the $800 de minimis administrative exemption.   They propose to require that certain shipments claiming this exemption provide the 10-digit Harmonized Tariff Schedule of the United States (HTSUS) classification of the merchandise.

Legislation to prohibit companies affiliated with the Chinese Communist Party from qualifying for green energy production tax credits implemented by the Biden administration through the Inflation Reduction Act has been reintroduced in the 119th Congress. If signed into law, the bill would prevent any company based in China, Russia, Iran or North Korea, and the subsidiaries of those companies from benefiting from these tax credits.

Miami real estate broker Roman Sinyavsky pleaded guilty today to engaging in a scheme to violate U.S. sanctions and commit money laundering by conducting transactions involving blocked properties owned by sanctioned Russian oligarchs Viktor Perevalov and Valeri Abramov.   The properties, valued approximately $1.8 million were forfeited earlier this month. In a separate settlement, Sinyavsky and his company have agreed to pay a civil penalty of approximately $1,076,923.

In a move some read as an effort to "Trump Proof" the Treasury's Russian sanctions regime, OFAC is re-designating pursuant to Executive Order (E.O.) 13662 almost 100 entities already designated pursuant to E.O. 14024. This codification provides legislative backing, making it more difficult for any administration to unilaterally lift these sanctions. This move places the sanctions under rules governed by the Countering America’s Adversaries Through Sanctions Act (CAATSA). CAATSA, enacted in 2017, codified and expanded existing sanctions imposed by executive orders, including E.O. 13662. As a result of these entities’ designation pursuant to E.O. 13662, foreign persons, including foreign financial institutions, that knowingly facilitate significant transactions for or on behalf of any of these entities could be subject to mandatory secondary sanctions under the Ukraine-/Russia-related sanctions program. 

BIS added 11 Chinese entities to the Entity List, 10 for advanced artificial intelligence research and one for development of lithography technology for advanced-node fabrication facilities. The committee also removed three Indian nuclear research entities after diplomatic considerations. In another filing the same day, BIS added 16 entities to the Entity List, under the destinations of China, People's Republic of (China) (14) and Singapore (2) due to their involvement in supporting or directly contributing to the development of advanced computing integrated circuits (ICs) that further China's development of advanced weapons systems, weapons of mass destruction, and high-tech surveillance applications, and because these entities supply Chinese public security end users and pose a risk of diversion to Huawei, an entity on the Entity List. …

Alan Estevez, Undersecretary of Commerce for Industry and Security, delivered remarks January 14th at Washington's CSIS Wadhwani AI Center, focusing on the evolving role of export controls in safeguarding U.S. national security and addressing technological threats. The conversation, moderated by Greg Allen, Director of CSIS's Wadhwani AI Center, covered key achievements, challenges, and future priorities for the Bureau of Industry and Security (BIS).

The Center for a New American Security (CNAS) released a new report, Biopower: Securing American Leadership in Biotechnology by Vivek Chilukuri and Hannah Kelley . The report identifies key …

The Bureau of Industry and Security (BIS) is revising the Export Administration Regulations (EAR) to provide additional due diligence procedures for advanced computing integrated circuits (ICs). This interim final rule (IFR) aims to safeguard U.S. national security and support foundries and Outsourced Semiconductor Assembly and Test (OSAT) companies in complying with EAR provisions related to advanced computing ICs in the supply chain. Additionally, the IFR updates and clarifies changes introduced in BIS’s December 2, 2024, IFR, titled “Foreign-Produced Direct Product Rule Additions, and Refinements to Controls for Advanced Computing and Semiconductor Manufacturing Items” (FDP IFR).

BIS has published an Interim Final Rule revising the Export Administration Regulations (EAR) to address national security and foreign policy concerns related to dual-use biotechnology tools. It imposes new export controls on specific laboratory equipment and related technology to prevent misuse, particularly by foreign adversaries.

A Chinese telecommunications company has admitted in federal court in Chicago that it conspired to steal digital mobile radio technology developed by Illinois-based Motorola Solutions, Inc. Hytera Communications Corp. Ltd. pleaded guilty on Monday in the Northern District of Illinois to a federal charge of conspiracy to steal trade secrets.  Under the terms of a plea agreement, Hytera may be fined up to $60 million.  …

The Bureau of Industry and Security (BIS) issued a final rule prohibiting transactions involving the sale or import of connected vehicles or components integrating specific hardware and software linked to the PRC or Russia. The final rule bans the import of VCS hardware or connected vehicles containing such hardware, as well as the import and sale of vehicles with VCS or ADS software linked to the PRC or Russia. VCS encompasses systems enabling external communication, such as telematics, Bluetooth, cellular, satellite, and Wi-Fi modules. ADS refers to components enabling highly autonomous vehicle operation without a driver. The rule also prohibits manufacturers with a sufficient nexus to the PRC or Russia from selling new connected vehicles that incorporate VCS hardware or software or ADS software in the United States, even if the vehicle was made in the United States.    

The Department of Homeland Security (DHS) announced the addition of 37 entities to the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, marking the largest expansion since the law’s enforcement began in 2022. The additions include globally recognized companies involved in mining critical minerals, producing solar modules, and manufacturing textiles.

When you visit our site to read this issue of Export Practitioner, you'll find we feature all of our content in an online, searchable format.  Our print and .pdf editions have links to the articles online with more details and links to the source documents where available. If you have any questions about access, editorial, or subscriptions, reach us at info@exportprac.com or the Editor: Frank Ruffing at fruffing@traderegs.com

The Department of the Treasury's Office of Foreign Assets Control (OFAC) has published its Memorandum of Understanding with the United Kingdom's Office of Financial Sanctions Implementation (OFSI). The Memorandum of Understanding (MoU) outlines a framework for collaboration to strengthen their shared mission of enforcing and promoting compliance with economic and trade sanctions

The U.S. Customs and Border Protection (CBP) has issued a proposed amendment to its regulations to strengthen oversight of low-value shipments valued at $800 or less. The proposed rule would establish a new process for entering low-value shipments under Section 321(a)(2)(C) of the Tariff Act. This process would enable CBP to collect enhanced electronic data to better identify high-risk shipments, including those potentially containing illicit drugs such as fentanyl, counterfeit goods, or other contraband.