On April 28, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule amending the Export Administration Regulations (EAR) (15 CFR, subchapter C, parts 730-774) by removing License Exception Civil End Users (CIV) (§ 740.5), which authorized the unlicensed export, reexport, and transfer (in-country) of … Continue Reading
On April 28, 2020, the US Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule amending the Export Administration Regulations (EAR), 15 CFR parts 730-774. This new rule critically expands the licensing requirements for exports, reexports and transfers (in-country) of items subject to the EAR in three … Continue Reading
On April 10, 2020, the Federal Emergency Management Agency (FEMA) published a temporary final rule to restrict the US exports of personal protective equipment (PPE) in order to preserve certain scarce medical resources for the domestic battle against the coronavirus disease 2019 (COVID-19).… Continue Reading
On April 6, 2020, the US Department of State’s Directorate of Defense Trade Controls (DDTC) announced it had revised two published Frequently Asked Questions (FAQs). The revised FAQs address US persons abroad and requests for authorization to provide defense services. The FAQs read: (1) If I request authorization for defense services that describe my current … Continue Reading
In recent years, we have witnessed the rise of international sanctions and the increase of export and import controls. This, together with the blocking regulation (with which third countries try to mitigate the extraterritorial effects of US sanctions) has added uncertainty to international trade.… Continue Reading
In a rapidly changing business environment, the trade compliance practitioner’s expertise will be needed to safely navigate mergers, acquisitions and different types of partnerships with foreign entities.… Continue Reading
On January 6, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) published an interim final rule amending the Export Administration Regulations (EAR) to make software specially designed to automate the analysis of geospatial imagery subject to the EAR and to impose a requirement of a license for the export and reexport of such software. The … Continue Reading
Watch the recording of the kickoff event on November 4 at the Schar School of Policy and Government at George Mason University. Speakers: Matt S. Borman – Deputy Assistant Secretary of Commerce for Export Administration Candace Goforth – Former Director of Defense Trade Controls Policy Tracy J. Minnifield – Director, Licensing, Defense Technology Security Administration Catherine Hamilton, … Continue Reading
OFSI, part of the HM Treasury, working toward ensuring that financial sanctions are properly implemented and enforced in the UK, has updated numerous financial sanctions that are currently in force. The recent updates are for financial sanctions in the following regions and industries: ISIL/Da’esh and Al-Qaida Organizations Nicaragua Venezuela Central African Republic Ukraine – Sovereignty and Territorial Integrity Syria Libya … Continue Reading
The UK has reportedly suspended the granting of arms export licenses for Turkey in relation to weapons that could potentially be used for military operations in Syria. The suspension follows British ministers ordering a full review into Turkish arms licenses. Liz Truss, the UK’s International Trade Secretary, commented that the International Trade Department “will take into account any developments in the … Continue Reading
On August 14, 2019, the UK government introduced a new control on the export of submersible vessels and related equipment, software and technology to Russia. The new control has been introduced due to Russia’s development of capabilities enabling it to track, access and disrupt undersea communication cables. The UK government considers these developments as a risk to national security. Assessment of … Continue Reading
The UK Committees on Arms Export Controls are conducting an inquiry examining the government’s 2017 Strategic Export Controls Annual Report. On June 24, 2019, both HMRC and the ECJU gave written evidence for the inquiry. … Continue Reading
On June 20, 2019, the Court of Appeal handed down its judgment allowing Campaign Against Arms Trade’s (CAAT) appeal of the High Court’s decision. The claim brought by CAAT was for a judicial review of export licensing decisions made by the Secretary of State for International Trade in relation to military exports to Saudi Arabia, which could potentially be … Continue Reading
The ECJU has amended the Export Control Order 2008 through the implementation of Directive (EU) 2019/514. The Export Control (Amendment) Order 2019, which came into force on June 30, 2019, amends the list of defense-related products. The changes correspond to updates made to the European Military List. In addition, updates were made to remove Eritrea from the list of countries embargoed … Continue Reading
On September 16, 2019, the EU issued a council decision amending the Common Position 2008/944/CFSP and defining the common rules governing control of exports of military technology and equipment. … Continue Reading
EU extends sanctions with respect to actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine. … Continue Reading
In response to the most recent developments in the Syrian conflict, the Council of the EU decided to halt arms exports licensing to Turkey on October 2019. This decision is based on the criterion that such exports could endanger regional stability. This decision is not a formal sanction, but it is a political declaration to which EU member states will … Continue Reading
On October 14, 2019, the EU published a regulation concerning restrictive measures in view of the situation in Nicaragua. The EU sanctions target persons and entities responsible for human rights violations or abuses, the repression of civil society and democratic opposition in Nicaragua, as well as persons and entities whose actions, policies or activities otherwise undermine democracy and the rule of … Continue Reading
In October, the US Trade Representative (USTR) announced that the US had won the largest arbitration award in the World Trade Organization’s (WTO) history, in its dispute with the EU over illegal subsidies to Airbus. The decision awarded US$7.5 billion, which is nearly twice the next largest award. The arbitrator calculated the amount of the award based on WTO findings … Continue Reading
On October 8, 2019, the Secretary of State announced visa restrictions on Chinese government and Communist Party officials believed to be responsible for, or complicit in, the detention or abuse of Uighurs, Kazakhs or other members of Muslim minority groups in Xinjiang, China. Family members of named persons may also be subject to these restrictions. The visa restrictions support the Department … Continue Reading
In early October, OFAC announced a US$2,718,581 settlement with The General Electric Company (GE) of Boston, Massachusetts. GE, on behalf of three GE subsidiaries, Getsco Technical Services Inc., Bentley Nevada and GE Betz (collectively, the “GE Companies”), agreed to settle its potential civil liability for 289 alleged violations of the Cuban Assets Control Regulations (CACR). Specifically, between December 2010 and February … Continue Reading
Responding to Turkey’s actions in Syria, President Trump issued an Executive Order (EO) blocking property and suspending entry of certain persons contributing to the situation in Syria. Pursuant to the EO, OFAC added three Turkish government officials and two Turkish government agencies, the Ministry of National Defence and the Ministry of Energy and Natural Resources, to the Specially Designated Nationals (SDN) … Continue Reading
On October 22, 2019, OFAC issued General License No. 2G – General License with Respect to Entities Blocked Pursuant to Executive Order 13405, extending the expiration date of the general license to April 26, 2021. General License No. 2G replaces General License No. 2F and authorizes transactions with blocked entities by Belerusian Oil Trade House, Belneftekhim, Belneftekhim USA, Inc., Belshina OAO, … Continue Reading
Recently, the Department of the Treasury’s OFAC issued an amended General License 8D, “Authorizing Transactions Involving Petróleos de Venezuela, S.A. (PdVSA) Necessary for Maintenance of operations for Certain Entities in Venezuela.”… Continue Reading
