Sanctions and export control enforcement in the United Kingdom has increased significantly in the past year as the country emphasizes more investigative work and higher penalties, said Tristan Grimmer, a compliance lawyer in Baker McKenzie’s London office.
The U.S. released an advisory to highlight the sanctions and export controls risks for companies doing business in Hong Kong and announced a new set of Hong Kong designations July 16. The advisory, issued by the State, Treasury, Commerce and Homeland Security departments, describes “considerations” for businesses operating in “this new legal landscape,” which includes several sanctions regimes targeting Beijing and Hong Kong.
The Bureau of Industry and Security added six Russian entities to the Entity List for activities that threaten U.S. national security and foreign policy, the agency said in notice. The entities operate in Russia’s technology sector and support the country’s intelligence services, BIS said. The Treasury Department sanctioned all six companies in February under President Joe Biden’s executive order that targeted Russia’s defense and technology sectors and its attempts to influence foreign elections (see 2104150019). BIS also corrected one existing Russian entry on the Entity List. The rule is effective July 19.
One of the obligations Canada and Mexico agreed to in the NAFTA rewrite is a ban on goods made with forced labor, but Baker McKenzie lawyers said it's not clear how much things are changing in that regard. Paul Burns, a Baker McKenzie partner in Toronto, said that while Canada has changed its law to ban the importation of goods made with forced labor, the Canadian customs agency does not disclose information about its enforcement. "We don’t know if there have been any detentions made," he said. "I expect there hasn't been."
Companies are continuing to see heavy U.S. enforcement surrounding Chinese attempts to steal U.S. trade secrets, and the government is increasingly expecting U.S. companies to voluntarily disclose violations surrounding those and other cases, lawyers said. The U.S. is hoping to increase enforcement by incentivizing companies to self-disclose sanctions and export control compliance mistakes, especially through the Department of Justice's revised disclosure policy guidelines (see 1912130047), the lawyers said.
The Biden administration is preparing to launch new export controls and investment screening initiatives to more closely coordinate with allies and better combat Chinese attempts to acquire advanced technologies, the U.S. secretary of state and national security adviser said July 13. Although the administration supports offensive tools, such as more funding for the domestic semiconductor sector, both officials said the U.S will continue to evolve its approach to defensive trade restrictions.
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The U.S. updated its Xinjiang Supply Chain Business Advisory, highlighting the increasing supply chain, sanctions, labor and export control risks of doing business in the Xinjiang region. The July 13 update, which builds and expands on the original advisory issued last year (see 2007010040), says China is committing genocide through its human rights violations against Muslim minorities, provides guidance to businesses that may invest in implicated Chinese companies, updates a list of U.S. enforcement actions related to Xinjiang and "strengthens" recommendations for companies that risk doing business in the region.
President Joe Biden nominated Alan Estevez, a former Obama administration Pentagon official, to lead the Bureau of Industry and Security, the White House announced July 13. Estevez is currently a defense and security consultant with Deloitte Consulting after serving as the principal deputy undersecretary of defense for acquisition, technology, and logistics and representing the Defense Department on the Committee on Foreign Investment in the U.S. Estevez didn’t respond to a request for comment.
The Treasury Department issued a new general license authorizing certain exports and reexports of oil to the Venezuelan government and Petroleos de Venezuela, the country’s state-run energy company. General License No. 40, issued July 12, authorizes transactions related to indirect or direct exports and reexports of liquefied natural gas to PdVSA and any entity it owns by 50% or more. The transactions are authorized through 12:01 a.m. July 8, 2022.