On June 10, 2021, the People’s Republic of China adopted the Anti-Foreign Sanctions Law (the “Law”). The main purpose of the Law is to provide a legal basis for China to adopt retaliatory measures against any so-called “discriminatorily restrictive measures” that may be imposed by foreign countries against Chinese organizations and citizens (the “Foreign Sanctions”).… Continue Reading
The new EU regulation on export control of dual use goods has been published in the EU official journal. It means that the upgraded controls over exports of dual use items will enter into force on September 9, 2021. Continue reading below our previous analysis of the details of this new regulation and all changes … Continue Reading
On June 3, 2021, US President Joseph Biden issued Executive Order 14032, “Addressing the Threat From Securities Investments that Finance Certain Companies of the People’s Republic of China” (EO 14032), substantially amending the prohibitions originally contained in Executive Order 13959 (EO 13959), issued by President Trump on November 12, 2020 (amended January 13, 2021).… Continue Reading
UPDATE: Since our last post below, on April 26, the UK introduced its new global anti-corruption sanctions regime. This sanctions regime follows other EU and UK sanctions regimes and is based on two types of sanctions imposed on listed individuals, i.e., assets freeze and travel ban. On the same day, the UK government also announced … Continue Reading
On April 15, 2021, the US announced a marked expansion of sanctions against Russia and President Biden issued a new Executive Order authorizing the imposition of yet more sanctions. The sanctions include restrictions on certain transactions involving Russian sovereign debt, as well as the designation of 46 individuals and entities implicated in Russia’s annexation of Crimea, foreign … Continue Reading
On 12 April, the Council of the EU decided to extend sanctions in response to serious human rights violations in Iran until 13 April 2022 and designated 8 individuals and 3 prisons responsible for human right violations. Please contact us with any questions. … Continue Reading
On February 10, 2021, President Biden signed Executive Order (EO) 14014, “Blocking Property With Respect to the Situation in Burma,” which authorized the imposition of sanctions. In the EO, the President declared a national emergency to address the threat following a February 1, 2021 military coup in Burma, whereby the military overthrew the democratically-elected government and … Continue Reading
The US Department of Commerce issued a final rule on April 8, 2021, adding seven Chinese technology companies to the Entity List. The seven companies are:… Continue Reading
On 3 March, the Council of the EU decided to prolong sanctions against individuals responsible for the misappropriation of Ukrainian state fund. On 12 March, the Council of the EU decided to extend sanctions against those involved in compromising Ukraine’s territorial integrity. On 12 March, the Council of the EU decided to revoke the sanctions … Continue Reading
On March 29, 2021, the US Department of Commerce, Bureau of Industry and Security (BIS) published a Final Rule in the Federal Register amending the Export Administration Regulations (EAR) to reflect the remaining approved 2019 changes to the dual-use controls adopted during the 2019 Wassenaar Arrangement Plenary Meetings. … Continue Reading
On 24 March 2021, the European Parliament officially accepted the new EU regulation on the Union regime for export controls of dual use goods. The finally accepted version of new EU export control rules is the result of the year long negotiations between the European Parliament and the Council of the EU that has been … Continue Reading
On March 18, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Notification of Implementation pursuant to sanctions imposed by the Secretary of State under Section 306(a) of the Chemical and Biological Weapons Control and Warfare Elimination Act of 1991 (CBW Act). … Continue Reading
On January 15, 2021, the US Department of Commerce’s Bureau of Industry and Security (BIS) published an Interim Final Rule imposing new restrictions requiring licenses for certain transactions involving “military-intelligence end uses” or “military-intelligence end users” in China, Russia, Venezuela or a country listed in Country Group E:1 or E:2. It is important to note … Continue Reading
In the week of February 1, 2021, here are key developments in transatlantic trade: The EU’s COVID-19 vaccine export control mechanism is unable to escape ongoing criticism and a proposal was raised that would invoke Article 16 of the Northern Ireland Protocol, increasing UK-EU tension Lawmakers in the US attempt to move the “American Rescue … Continue Reading
On February 2, 2021, Department of Commerce’s Bureau of Industry and Security (BIS) announced an administrative settlement of $54,000 with Princeton University.… Continue Reading
This week in transatlantic trade: Countries on both sides of the Atlantic are accelerating their efforts to stave off the spread of the COVID-19 variants by speeding up vaccination and adding travel restrictions The EU intends to increase export transparency on COVID experimental vaccines produced within its boundaries; and the European Commission is going to … Continue Reading
On January 29, 2021, Department of Commerce’s Bureau of Industry and Security (BIS) announced an Administrative Settlement of $3.2 million (partially suspended) with Singapore-based Avnet Asia Pte. Ltd. (Avnet Asia), a global distributor of electronic components and related software.… Continue Reading
Department of Commerce’s Bureau of Industry and Security (BIS) announced on January 14, 2021, that it had implemented the Secretary of State’s rescission of Sudan as a State Sponsor of Terrorism (SSOT) by amending the Export Administration Regulations (EAR).… Continue Reading
PT Bukit Muria Jaya (“BMJ”), a global supplier of cigarettes, has agreed to pay a fine of more than $1.5 million and to enter into a deferred prosecution agreement with the Department of Justice (DOJ) for conspiracy to commit bank fraud in connection with the shipment of products to North Korean customers.… Continue Reading
On Saturday 9 January 2021, the PRC Ministry of Commerce (MOFCOM) issued MOFCOM Order No. 1 of 2021 on Rules on Counteracting Unjustified Extra-Territorial Applications of Foreign Legislation and Other Measures (the Rules). The Rules specify that they were formulated pursuant to the PRC National Security Law for the express purpose of “counteracting the impact … Continue Reading
What are international sanctions? What are primary and secondary sanctions? What are extraterritorial effects and how will that impact multinational operations? The changing international sanctions regulations produce dizzying regulatory landscape, and complex as well as confusing compliance environment. To help lift the curtain a bit on this topic, Trade Practitioner José María Viñals (partner, Madrid/Brussels), also … Continue Reading
On December 23, 2020, the US Department of Commerce, Bureau of Industry and Security (BIS) published in the Federal Register a Final Rule that identified 57 Chinese companies and 45 Russian companies as “military end users,” limiting their ability to purchase certain US goods and technology (MEU List).… Continue Reading
After several rounds of revisions, China finally adopted its first Export Control Law (ECL), which went into force on December 1, 2020. In general, we consider the ECL general, vague and hard to be implemented in practice without further adopting implementation rules. It incorporates many concepts from the US export control laws, but with few … Continue Reading
On November 12, 2020, the President signed an Executive Order (EO) on “Addressing the Threat from Securities Investments that Finance Communist Chinese Military Companies.” The EO generally prohibits any transaction in publicly traded securities, or any securities that are derivative of, or are designed to provide investment exposure to such securities, of any Chinese military … Continue Reading
