The Census Bureau is mulling whether to nix a proposed country of origin reporting requirement in the Automated Export System or to scale back the requirements under a “phased-in” approach that would cause less of a burden for export filers, said Gerry Horner, chief of the agency’s trade regulations branch.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The Bureau of Industry and Security’s top export enforcement official this week urged customs brokers, forwarders and non-vessel operating common carriers to be more proactive in export compliance even though they may not always have the “primary” responsibility for ensuring goods comply with U.S. export licensing restrictions. Matthew Axelrod, the BIS assistant secretary for export enforcement, said those service providers should take steps to ensure they have maximum visibility into their clients and the goods they are shipping.
Suspicious activity reports recently filed with the U.S. government show nearly $1 billion worth of transactions over the last year may have had ties to Russia-related export control evasion, the Financial Crimes Enforcement Network said in a new report analyzing SAR trend data. The report -- issued as part of a joint effort between FinCen and the Bureau of Industry and Security to collect more leads for export enforcement agents -- highlights several evasion trends being reported by banks and other financial institutions, including what types of goods are most commonly being sought by sanctions evaders and which foreign countries those transactions most frequently involve.
Rep. John Garamendi, D-Calif., is drafting legislation that could lead to new oversight over certain rail storage charges assessed by ocean common carriers against shippers on through bills of lading. The bill, which hasn't been completed, could require the Federal Maritime Commission and the Surface Transportation Board to “get together” and decide who should regulate those charges, a Garamendi staffer told us.
The State Department believes Australia and the U.K. will soon update their export control regimes so both can benefit from pending U.S. legislation that could expedite defense exports to those countries, said Jessica Lewis, who leads the agency’s Bureau of Political-Military Affairs. But at least one lawmaker said the U.S. should not be requiring the U.K. and Australia to revise their export control laws, adding that the request risks impeding the Australia-U.K.-U.S. (AUKUS) agreement.
The U.S. shouldn’t be targeting American companies that exclude foreign applicants for job openings if those policies are meant to protect American sensitive technologies, Sen. J.D. Vance, R-Ohio, said in a letter to DOJ. Vance’s letter came after DOJ in recent enforcement actions targeted both SpaceX and General Motors for using export control laws to justify restrictive hiring practices, highlighting the risks facing companies looking to fill positions that involve export-controlled items, Barnes & Thornburg said in a recent client alert.
The Bureau of Industry and Security issued a temporary denial order last week against three people and four companies for their involvement in a scheme to illegally procure more than $225,000 worth of U.S. electronics components for Russia’s military. One of the individuals, Russian-German national Arthur Petrov, was arrested Aug. 26 in Cyprus and charged by DOJ with violating export controls and smuggling controlled goods from the U.S.
Financial technology company Wise Payments Limited violated the U.K.'s sanctions on Russia when it allowed a company owned by a sanctioned person to withdraw funds from a business account, the U.K. said this week. The announcement marked the U.K.’s first use of its new sanctions enforcement disclosure “power,” an authority it acquired last year that allows it to publish details of sanctions violations in cases where the party isn’t hit with a monetary penalty.
Contractual language against forced labor may not be enough to meet increasing supply chain due diligence regulations, particularly as the EU implements its corporate sustainability due diligence directive (see 2202230073 and 2306010022), Ernst & Young advisers said this week. Although there is still debate about how broadly the bloc’s new rules will be scoped, the advisers warned companies against blinding themselves to rising government expectations.
The Biden administration should take an “end-user list-based approach” to restricting investments in Chinese artificial intelligence companies as part of its recent executive order on outbound investment (see 2308090066 and 2308100045), researchers with Georgetown’s Center for Security and Emerging Technology said in a report this week. The report said the Treasury Department can use its Chinese Military-Industrial Complex Companies (CMIC) List as a “foundation” by updating and expanding it to restrict AI investments beyond publicly traded securities.