The Bureau of Industry and Security fined Forta, a U.S. synthetic fiber manufacturer, $44,750 after the company violated BIS’ antiboycott regulations. Forta voluntarily disclosed the violations, which included providing its freight forwarder ahead of a trade show in Abu Dhabi with certifications that its products weren’t made with Israeli labor or raw materials.

The Bureau of Industry and Security is planning to soon issue a rule that will offer clarifications and corrections to its recently updated export controls on advanced semiconductors and chipmaking equipment, said Thea Kendler, the agency’s assistant secretary for export administration (see 2310170055).

The Bureau of Industry and Security and the Financial Crimes Enforcement Network this week issued another set of export control evasion red flags for financial service firms along with a new key term that banks and others can include in their suspicious activity reports to FinCEN. The new term will “enable even more BIS investigative and Entity List actions against” people and companies looking to evade U.S. export controls, said Matthew Axelrod, BIS’ top export enforcement official.

As the EU implements its new import restrictions on Russian iron and steel, European companies are starting to ask U.S. exporters whether their products contain those Russian metals, said Scott Gearity, a consultant with the Export Compliance Training Institute. Gearity said most U.S. companies shouldn’t face any legal issues in making that certification, and Bailey Reichelt, a lawyer with Aegis Trade Law, stressed that companies don’t need to include an end-use statement as part of every benign contract, a practice that could scare potential customers that don’t deal in items subject to trade controls.

RANCHO MIRAGE, Calif. – The Federal Maritime Commission must eliminate the "perverse incentive" for ocean carriers and marine terminal operators to allow congestion as a way to make more money, FMC Chair Dan Maffei said, speaking Oct. 27 at the Pacific Coast Council's Western Cargo Conference, or Wesccon.

The Commerce Department recently introduced a new policy as part of its export promotion work that will formally require the International Trade Administration to determine whether any potential export assistance would contribute to human rights concerns, including assistance for shipments that could cause surveillance technology to be exported to human rights abusers. The agency outlined the new policy in an October letter to Sen. Ron Wyden, D-Ore., who asked Commerce in May to review its export assistance to companies that may sell “dangerous surveillance technology” in certain foreign markets (see 2305300025).

The U.S. this week announced a spate of new Russia-related sanctions and export controls, targeting people and companies supplying Russia’s military, aiding its defense industrial complex or operating in various Russian financial, metals, government and procurement sectors. The measures include additions to the Commerce Department’s Entity List and more than 200 combined sanctions by the Treasury and State departments targeting businesses in China, the United Arab Emirates and elsewhere for sending export-controlled components to Russia.

A recent ruling by a U.K. appellate court “sent the sanctions legal community into a bit of a tailspin” after it appeared to pave the way for the government to treat every Russian public and private entity as a sanctioned party, said Daniel Martin, a sanctions lawyer with HFW. Although the U.K. has since clarified that its sanctions aren’t necessarily meant to apply to every Russian company, Martin said questions remain, including whether banks now will be even less willing to handle Russia-related transactions, whether U.K. lawyers will continue to be able to participate in Russian-related proceedings, and whether similar logic could apply to U.K. sanctions against other countries.

The U.S. this week unsealed two indictments charging multiple people in schemes to deliver export-controlled dual-use goods to Russia. In both cases, DOJ charged Russian nationals and others with using Brooklyn-based companies to buy goods on behalf of sanctioned end-users or others connected to Russia's military.

Forwarders should think carefully before they file an export license application on behalf of a customer, a service that could make the forwarder liable in case of an export violation, said Tirrell McKnight, an official with the Bureau of Industry and Security's western regional office. McKnight suggested export application services should only be offered by forwarders who are confident in their export compliance, know their customers well and “want to take on that liability.”