The State Department’s recently published spring 2023 regulatory agenda continues to mention rules that will update export controls for items on the U.S. Munitions List and make other changes to the International Traffic in Arms Regulations.
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 Committee on Foreign Investment in the U.S. is expected to increase the number of penalties it issues for violations of mitigation agreements, StoneTurn consultant Scott Boylan said. Orion Berg, a lawyer with White & Case, said there will be a similar uptick in activity from European countries, adding that he expects all EU member states to have an active foreign direct investment screening regime within two years.
Freight forwarders are urging shippers to enroll in a government-run cargo screening program before the end of October, when their air freight will no longer benefit from an exemption for cargo deemed ”impracticable to screen.” So far, “very few” shippers are enrolled in the program, said Brandon Fried of the Airforwarders Association, sparking fear of export delays or potential compliance violations by shippers unaware of the impending change.
The U.S. is currently drafting a list of technologies that will be covered by its new defense trade authorization, which will be used to expedite defense technology transfers under the Australia-U.K.-U.S. partnership. Although the new mechanism won’t require any new authorities from Congress, it’s designed to eventually be supplanted by broader revisions to U.S. defense trade regulations, the Directorate of Defense Trade Controls said this week.
A new U.K. law that could prevent lawyers from providing certain legal services in the context of Russia sanctions is causing uncertainty within the legal industry, law firms said. Baker McKenzie said the legal community is working with U.K. authorities to “clarify the scope of the new sanctions measures,” but “in lieu of any imminent published guidance, businesses should assess” their in-house legal teams, particularly if they’re providing legal advisory services from the U.K.
The Bureau of Industry and Security could use its existing “catch-all controls” to tighten restrictions around exports of sensitive artificial intelligence models, eliminating the need to develop new regulations to address emerging AI export risks, researchers with Georgetown University's Center for Security and Emerging Technology said this week. The researchers said the catch-all controls -- which allow BIS to restrict exports if there is “knowledge” the item will be used in certain dangerous ways -- may be “sufficient” to “address the use of AI in more traditional national security realms.”
A Puyallup, Washington, resident who illegally exported optical magnifiers to South Korea agreed to export compliance training as part of a settlement agreement announced by the Bureau of Industry and Security this week. If Jaeyoun Jung doesn’t complete the training, he may be subject to a two-year temporary denial order, BIS said.
House lawmakers submitted a host of proposed export control- and sanctions-related amendments as part of the FY 2024 National Defense Authorization Act, including measures that could ease defense technology sharing restrictions, harmonize the Entity List with certain U.S. sanctions and investment restrictions and place new export control requirements on items destined to China and Iran. Other amendments could lead to new sanctions on Chinese technology companies and government officials, add the USDA to the Committee on Foreign Investment in the U.S., establish a new sanctions coordination office in the State Department and more.
A former board member of a Russian state-owned bank asked a federal court to order the U.S. to remove her from a U.S. sanctions list, saying there is “no factual basis” that supports her listing. In a complaint recently filed with the U.S. District Court for the District of Columbia, Elena Titova, a dual Russian and U.K. citizen, said she resigned from her position eight days after Russia’s invasion of Ukraine last year but was still added to the Treasury Department’s Specially Designated Nationals List even though she hasn’t been designated by any “other nation in the world.”
The Netherlands last week published new export controls over certain advanced semiconductor manufacturing equipment in a step aimed at bringing Dutch policies more closely in line with strict U.S. export licensing requirements against China. The measures, previewed by the government in March (see 2303090032), take effect Sept. 1 and will require exporters to apply for and receive an authorization before shipping a “number of very specific technologies for the development and manufacture of advanced semiconductors.”