Ian Cohen

The State Department is working on a new trade authorization that would expedite technology transfers among the U.S., the U.K. and Australia, said Jessica Lewis, assistant secretary of the State Department’s Bureau of Political-Military Affairs. Lewis, testifying before the House Foreign Affairs Committee May 24, said she’s also open to legislation that could reduce export licensing burdens, especially as part of the Australia-U.K.-U.S. (AUKUS) partnership.

The U.S. should impose a range of new sanctions and other restrictions on Chinese companies with ties to human rights violations in the Xinjiang region, including by imposing financial sanctions on companies on the Entity List and introducing outbound investment restrictions, the House Select Committee on China said this week. The committee also said the U.S. and its allies need to better coordinate on a potential sanctions response -- and be ready to deploy those measures -- if China invades Taiwan.

Concern is “growing” within the U.S., Australia and the U.K. that “indiscriminate and extraterritorial application” of the International Traffic in Arms Regulations will hurt the Australia-U.K.-U.S. (AUKUS) partnership and “slow-roll cooperation on existing technology transfer,” the Sydney-based U.S. Studies Centre said in a report released this month. The report warned that “another failure” to reform the ITAR could “carry significant consequences for the three countries’ shared defence technology advantages vis-a-vis China and, therefore, their ability to deter regional conflict.”

Germany charged four managers of spyware company FinFisher with intentionally violating dual-use export controls after they sold surveillance products, without licenses, to countries outside the EU. The managers of the FinFisher group of companies, which were some of the “world's leading” spyware firms before declaring insolvency last year, never “even applied for” export licenses from German authorities and tried to evade detection, Munich’s public prosecutor announced this week, according to an unofficial translation.

The U.S. ended the Group of 7 summit in Japan with an agreement by member countries to explore new restrictions on outbound investments into China and a strategy to de-risk with regard to certain aspects of the country’s economy, a result President Joe Biden said “showcased the unity of purpose” of the G-7 leaders toward Beijing. The countries also emphasized the importance of multilateral export controls, agreeing to increase cooperation on restrictions over dual-use technologies.

Companies should be constantly assessing their export control compliance procedures because of the unprecedented pace of regulatory changes, which makes it “easier to be caught,” said Tamer Soliman, a Mayer Brown trade lawyer, speaking during a law conference hosted by the law firm last week. He said the government is “scrutinizing more and more transactions,” particularly as it tries to target Russian sanctions evasion attempts.

DOJ and Commerce Department are increasingly looking to impose large penalties for significant export control and sanctions violations as part of a mission to incentivize more voluntary disclosures, said Matthew Olsen, DOJ’s assistant attorney general for national security. Olsen, whose agency and Commerce co-lead the new Disruptive Technology Strike Force, said he recently “made a couple of trips to companies directly” to speak with them about their compliance programs, and is hoping to “encourage” them to submit disclosures.

The U.S. announced a host of new Russia-related sanctions and export controls last week, including more than 300 sanctions designations by the Treasury and State departments and an expansion of Commerce Department export controls on items destined to Russia and entities supporting the country’s military. The measures, some of which were coordinated with allies as part of the Group of 7 summit in Japan, aim to “further undermine Russia’s capacity to wage its illegal aggression” in Ukraine, the G-7 countries said in a May 19 joint statement.

The Treasury Department ‘understands” the challenges faced by banks, law firms, companies and others in trying to comply with multiple Russian sanctions regimes across the U.S., the EU and elsewhere, and is working to better align those restrictions to alleviate some headaches, said Brian Nelson, Treasury’s undersecretary for terrorism and financial intelligence. Nelson, speaking during a law conference in Washington last week, said the agency is “working hard” to harmonize “our actions, our targets, the guidance that we're providing so that they are consistent across our jurisdictions.”

The Treasury Department could use more resources and needs to better recruit and retain employees to implement and enforce its sanctions programs, said Brian Nelson, the agency’s undersecretary for terrorism and financial intelligence. Nelson, speaking during a law conference in Washington last week, said the agency is specifically looking to hire more officials to help it grapple with how best to apply sanctions in the virtual assets space and other emerging industries, including around artificial intelligence.