Archives: Export Controls & Sanctions

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US Congress Proposes New Iran Sanctions Legislation

On 25 May, the Senate Foreign Relations Committee voted 18-3 to pass S. 722, the Countering Iran’s Destabilizing Activities Act of 2017 (CIDA Act). If enacted, the CIDA Act would create new sanctions against Iran with respect to ballistic missiles and the sale of prohibited arms. The sanctions measures in the CIDA Act are ostensibly … Continue Reading

BIS Updates Encryption Controls Guidance

The US Commerce Department’s Bureau of Industry and Security (BIS) has posted long-awaited updates to parts of its website dedicated to guidance on the Export Administration Regulations’ (EAR) encryption controls. The updates implement changes to encryption controls adopted in September 2016, under the Wassenaar Arrangement. Among other things, the new web pages include updated flow … Continue Reading

US Court of Appeals Reverses OFAC Sanctions Penalty for Iran Transactions

In May, the US Court of Appeals for the District of Columbia issued a rare ruling reversing in part monetary penalties issued by the Department of Treasury’s Office of Foreign Assets Control (OFAC) against California-based automotive electronics supplier Epsilon Electronics Inc. (Epsilon). OFAC issued a Penalty Notice to Epsilon in July 2014 assessing total monetary … Continue Reading

US Sanctions Persons Connected to Iran’s Ballistic Missile Programme

On 17 May 2017, the US Treasury Department’s Office of Foreign Assets Control (OFAC) designated for sanctions seven persons connected to Iran’s ballistic missile programme. Among those targeted by the sanctions are two senior Iranian defense officials, including the Deputy Director for Commerce of Iran’s Defense Industries Organization, Morteza Farasatpour. Farasatpour was responsible for coordinating … Continue Reading

UK Joint Money Laundering Steering Group Consults on Revisions to Its Sanctions Guidance

The UK Joint Money Laundering Steering Group (JMLSG) has published proposed revisions to its guidance on the prevention of money laundering and the financing of terrorism for the UK financial services industry. The revisions reflect a number of factors, including the provisions of the proposed new Money Laundering Regulations published by HM Treasury on 15 … Continue Reading

EU General Court Rejects Syria Annulment Application

On 18 May, the General Court of the EU dismissed Rami Makhlouf’s annulment application for his listing on the EU’s restrictive measures targeting Syria. The General Court did so on the basis that he is a member of the Makhlouf family, has close ties to and supports the Assad regime, and is an influential businessman … Continue Reading

EU Adds Nine Entries to Its Financial Sanctions List Against the Democratic Republic of Congo

On 29 May, the Council of the European Union adopted Council Implementing Regulation 2017/904, which implements Regulation (EC) No 1183/2005. With respect to the Democratic Republic of Congo, asset freezes now apply to nine individuals, which can be found in the Annex of Council Implementing Regulation 2017/904. The Office of Financial Sanctions Implementation’s (OFSI) notice … Continue Reading

Council of the European Union Extends Sanctions Against Syria Until 1 June 2018

On 30 May, the Council adopted Decision 2017/917 that extends the EU’s sanctions against Syria until 1 June 2018, amending Council Decision 2013/255/CFSP. The sanctions impose travel bans and asset freezes against individuals supporting or associated with the Syrian regime or oppression in the country. A total of three ministers of the Syrian government have … Continue Reading

European Court of Justice Judgment on Damages for Unlawful European Union Sanctions Listing

On 30 May, the European Court of Justice handed down its judgment in an appeal brought by Safa Nicu Sepahan Co., an Iranian company whose main field of activities includes distribution and transmission of power projects. The company successfully applied in November 2014, in its application before the General Court, to have its name removed … Continue Reading

Chinese National Enters Guilty Plea for Violating US Export Controls

On 21 April 2017, the US Department of Justice announced that Fuyi Sun pled guilty to violating the International Emergency Economic Powers Act, the law underlying US export controls. Specifically, Sun admitted to attempting to export to China high-grade carbon fiber – an item with aerospace and defense applications – without the required license.… Continue Reading

BIS Modifies Entity List Designation

Effective 18 April 2017, the US Commerce Department, Bureau of Industry and Security (BIS) has revised the Entity List entry for Russia’s Federal Security Service (Federalnaya Sluzhba Bezopasnosti or FSB) to conform to the OFAC general license adopted on 2 February 2017, General License No. 1. That general license authorises transactions otherwise prohibited under Executive … Continue Reading

OFAC Declines to Issue Waivers for Prohibited Russian Oil Operations

In a single sentence press release published to the OFAC website on 21 April 2017, Treasury Secretary Steven T. Mnuchin announced that OFAC “will not be issuing waivers to U.S. companies, including Exxon, authorizing drilling prohibited by current Russian sanctions”. The announcement reinforces current US sanctions against Russia, which generally prohibit US persons from providing goods, … Continue Reading

OFAC Sanctions Staff of the Syrian Scientific Studies and Research Center

On 24 April 2017, the US Treasury Department’s Office of Foreign Assets Control (OFAC) designated 271 persons working in the Syrian Scientific Studies and Research Center to be added to the agency’s Specially Designated Nationals (SDN) and Blocked Persons List. In its press release announcing the action, OFAC attributed the Syrian Scientific Studies and Research … Continue Reading

UK SFO Opens Probe into KBR, Inc.

Due to the UK Serious Fraud Office’s (SFO) ongoing investigation into Unaoil, in a press release dated 28 April 2017, the SFO confirms, “it has opened an investigation into the activities of KBR, Inc’s United Kingdom subsidiaries, their officers, employees and agents for suspected offences of bribery and corruption”. KBR, Inc. is a US based … Continue Reading

UK Scheduled to Publish Bill on Post-Brexit Sanctions Collaboration With the EU

In a parliamentary debate on Eastern Ukraine, UK Foreign Secretary Boris Johnson announced that the UK will be introducing a bill “on how we will continue to take part in sanctions jointly with our friends and partners across the channel”. Boris Johnson also stated that the UK “already leads the way in imposing sanctions on … Continue Reading

UK Export Control Organisation (ECO) Revokes Six Open General Export Licences (OGELs)

On 5 April 2017, the ECO revoked the following OGELs, including: Exports of military goods, software and technology (new OGEL for Military Goods, Software and Technology) Exports under the US-UK Defence Trade Co-operation treaty (new OGEL for Exports under the US-UK Defence Trade Cooperation Treaty) Exports of military goods, software or technology to a government … Continue Reading

UK Office of Financial Sanctions Implementation (OFSI) Publishes New Guidance on the New UK Financial Sanctions Regime

Following the coming into force of Part 8 of the Policing and Crime Act 2017, which introduces new monetary penalties for breaches of financial sanctions, OFSI has published guidance on the new regime, including: Guidance on monetary penalties for breaches of financial sanctions A response to OFSI’s consultation on the process for imposing monetary penalties … Continue Reading

UK Government Launches Public Consultation on the Future Legal Framework for Imposing and Implementation Sanctions Post-Brexit

On 21 April, the UK government launched a public consultation on its proposals for domestic sanctions legislation. The consultation sets out the UK government’s thinking on the overarching legal powers the UK will need to impose its own domestic sanctions once the UK leaves the EU. The consultation is scheduled to run for nine weeks … Continue Reading

European Commission Updates Combined Nomenclature and Dual-Use Classification Correlation Table

The EU Commission has updated the Combined Nomenclature (CN) and Dual-Use (DU) Correlation table. The revision contains changes to the EU Dual-Use export control list, which came into force in November 2016 in line with the decision taken within the framework of the international non-proliferation regimes and export control arrangements back in 2015. The update … Continue Reading
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