Archives: Export Controls & Sanctions

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OFAC Announces Settlement with DENTSPLY SIRONA INC.

On 6 December 2017, OFAC announced a settlement agreement for US$1,220,400 with DENTSPLY SIRONA INC. (DSI), a US company incorporated in Delaware, the successor in interest to DENTSPLY International Inc. (DII), in connection with 37 violations of the Iranian Transactions and Sanctions Regulations between November 2009 and July 2012. According to the OFAC press release, … Continue Reading

OFAC Releases CAATSA Reports to Congressional Committees

On 29 January 2018, OFAC announced that it released five reports to Congressional Committees pursuant to the Countering America’s Adversaries Through Sanctions Act of 2017 (CAATSA). The reports include (1) Section 241: Report on Senior Foreign Political Figures and Oligarchs in the Russian Federation; (2) Section 104(e): Report on Contributions to Iran’s Ballistic Missile Program; … Continue Reading

OFAC Announces New North Korea-Related Designations

On 24 January 2018, OFAC designated nine entities, 16 individuals and six vessels “in response to North Korea’s ongoing development of weapons of mass destruction (WMD) and continued violations of United Nations Security Council Resolutions”. The designations “target agents of the Kim regime financing or otherwise supporting North Korea’s WMD programs and other illicit businesses”.… Continue Reading

OFAC Announces New Iran-Related Designations

On 4 January 2018, OFAC designated five Iran-based entities “subordinate to a key element of Iran’s ballistic missile program”. OFAC designated these entities pursuant to EO 13382 for being owned or controlled by Iran’s Shahid Bakeri Industrial Group (SBIG). The SBIG is listed in the Annex to EO 13382 and is currently sanctioned by the … Continue Reading

OFAC Announces New Venezuela-Related Designations

On 5 January 2018, OFAC designated four current or former Venezuelan government offcials pursuant to EO 13692 for their alleged role in undermining electoral processes, media censorship, or corruption in government-administered food programs in Venezuela. Included among the individuals designated was Rodolfo Clemente Marco Torres, who is an External Director on the Board of Directors … Continue Reading

OFAC Announces New Regulation Implementing the Sergei Magnitsky Act

OFAC announced new regulations implementing certain provisions of the Sergei Magnitsky Rule of Law Accountability Act of 2012 (Magnitsky Act) on 20 December 2017. The regulations became effective upon publication in the Federal Register on December 21. OFAC also announced the addition of five designations to the SDN List pursuant to the Magnitsky Act.… Continue Reading

President Trump Issues Global Magnitsky Executive Order

On 20 December 2017, President Trump issued EO 13818, authorising the imposition of financial sanctions against designated persons determined to be directly or indirectly engaged in certain human rights abuses or corrupt acts around the world. OFAC subsequently released new Frequently Asked Questions and published updated designations.… Continue Reading

OFAC Publishes Amended Iraq Stabilization and Insurgency Sanctions Regulations

Effective 28 December 2017, US Treasury’s Office of Foreign Assets Control (OFAC) amended the Iraq Stabilization and Insurgency Sanctions Regulations, 31 CFR part 576, to implement Executive Order (EO) 13668 (“Ending Immunities Granted to the Development Fund for Iraq and Certain Other Iraqi Property and Interests in Property Pursuant to Executive Order 13303, as amended”). … Continue Reading

Trump Administration Announces Extension of Waivers of Iran Sanctions

In a statement issued 12 January 2018, President Trump announced that his administration was extending the waivers of certain secondary sanctions against Iran originally adopted on implementation of the Joint Comprehensive Plan of Action agreement (JCPOA) on Iran’s nuclear program. Trump stated that the move not to reinstate sanctions against Iran is to allow for … Continue Reading

US Commerce Department Implements Inflationary Adjustments to Civil Monetary Penalties

Pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the US Commerce Department announced its annual inflationary adjustments to the maximum civil monetary penalties under its jurisdiction. These include, among others, civil monetary penalties issued under the Export Administration … Continue Reading

Brexit: Developments in Parliament on UK Trade and Sanctions Bills

The UK Trade Bill continued to be debated in the House of Commons with a second reading taking place on 9 January 2018. One of the main contributions of the bill is the establishment of the UK Trade Remedies Authority, an institution responsible for investigations into trade remedies, a responsibility currently assigned to the European … Continue Reading

UK Implements EU’s Venezuela Sanctions Regime

On 6 December 2017, the Venezuela (European Union Financial Sanctions) Regulations 2017 entered into force in the UK. This regulation implements Council Regulation (EU) 2017/2063 of 13 November 2017 and provides for the imposition of restrictive measures on persons or entities considered to be involved in undermining democratic principles and the rule of law, as … Continue Reading

UK Issues Guidance on Form to Release Information on Classified Goods and Services to Foreign Nations

On 29 January 2018, the ECJU published a guidance on the MOD Form 680 allowing firms to apply for permission to release information about classified goods and services to foreign nations. According to this guidance, the outcome of a MOD Form 680 request depends on various factors, including the complexity of the project, protective opportunities … Continue Reading

UK Amends the Consolidated List of Strategic Military and Dual-Use Items

On 17 January 2018, the UK’s ECJU of the UK Department of International Trade updated the Consolidated Control List of Strategic Military and Dual-use Items that Require Export Authorisation. The updated list notably takes into account the changes made to the EU dual-use export control list (See Annex I of the above link).… Continue Reading

UK Revokes Certain Open General Export Licences

On 4 January 2018, the Export Council Joint Unit (ECJU) of the UK Department for International Trade revoked Open General Export Licences (OGELs) applicable to dual-use technology items, cryptographic development, low value shipments, and dual-use items for oil and gas exploration, as well as OGELs for Turkey. The ECJU suggested they will be replaced very … Continue Reading

Four Non-EU Countries Align With EU Sanctions Against Russia

On 31 January 2018, the High Representative of the Union for Foreign Affairs and Security Policy announced that Montenegro, Albania, Norway and Ukraine had aligned themselves with EU Council Decision (CFSP) 2017/2426. They have, therefore, extended a part of the sanctions imposed on Russia in relation to its violation of Ukrainian sovereignty and territorial integrity … Continue Reading

EU Declassifies Negotiating Directives for EU-Chile Modernised Association Agreement

On 22 January 2018, the Council made public for the first time the directives given to the European Commission to negotiate a Modernised EU-Chile Association Agreement. Quite interestingly, the Commission should address specific issues such as the promotion and liberalisation of investments, the protection of intellectual property rights, the elimination of non-tariff barriers, the cooperation … Continue Reading

EU Reaches Agreement on Money Laundering and Terrorist Financing Directive

On 5 July 2016, the European Commission presented a proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2015/849, which is intended to prevent the financial system from being used for money laundering or terrorist financing. Following negotiations between the Council and the European Parliament, a provisional agreement was … Continue Reading

EU Parliament Adopts Amendments on Dual-Use Items Regulation Proposal

Presented by the European Commission on 28 September 2016, the dual-use items Regulation Proposal aims at reviewing the export control regime of dual-use items. The proposal contains amendments to key export control notions, for example, the amending of the definition of “dual-use” to include cyber-surveillance technologies. It also clarifies controls on intangible technology transfer (ITT) … Continue Reading

EU Extends Asset-Freezing Sanctions in Connection to Situation in Tunisia

The EU extended asset-freezes against persons provided in Council Decision 2011/72/CFSP and in Council Implementing Regulation (EU) No 101/2011 who are considered to be responsible for the misappropriation of Tunisian State funds. On 29 January 2018, the sanctions were extended until 31 January 2019 (See Council Decision (CFSP) 2018/141 and Council Implementing Regulation (EU) 2018/137).… Continue Reading

EU Extends Its Sanctions on the Democratic Republic of Congo

On 11 December 2017, the Council extended its current sanctions regime against the Democratic Republic of Congo (DRC) until 12 December 2018. These sanctions were adopted in response to the obstruction of the electoral process and the related human rights violations in DRC (See Council (CFSP) Decision 2017/2282). EU Candidate Countries Macedonia, Montenegro and Albania, … Continue Reading

EU Adds Seven Venezuelan Officials to Restrictive Measures List

On 22 January 2018, the EU froze the assets of seven Venezuelan officials, notably including the Minister for Interior, the head of the Intelligence Service, the head of the National Electoral Council and the President of the Supreme Court of Justice. These individuals are considered by the EU to be “involved in the non-respect of … Continue Reading
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