The top Democrat on the House Select Committee on China, Rep. Raja Krishnamoorthi of Illinois, said Wall Street and other investors want the government to provide a negative list they can hand off to their compliance teams.
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.
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.
The Bureau of Industry and Security added 13 entities from Russia and Uzbekistan to its Entity List for helping Russia procure and develop unmanned drones. The entities, listed in a final rule effective Nov. 2, are subject to license requirements for all items subject to the Export Administration Regulations, and licenses will be reviewed under a policy of denial, apart from certain food and medicine. The entities are also subject to licensing restrictions under the BIS Russia/Belarus-Military End User Foreign Direct Product rule.
The Bureau of Industry and Security on Nov. 6 will hold a public briefing on its recently updated export controls on advanced semiconductors and chipmaking equipment (see 2310170055). The briefing, which also will cover the agency’s addition this month of 13 Chinese semiconductor and technology companies to the Entity List (see 2310170063), will be led by Assistant Secretary for Export Administration Thea Kendler, who will “address important aspects” of the new restrictions.
The Commerce Department should add China-affiliated public security bureaus and others to the Entity List for their involvement in a “mass DNA collection project” in Tibet, chairs of the bipartisan Congressional-Executive Commission on China said in a letter this month to the Biden administration. They said Chinese officials in Tibet have likely purchased DNA kits and replacement parts from American biotechnology company Thermo Fisher Scientific and are using those products for “political identification,” racial profiling and other “egregious” human rights abuses.
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The leaders of the House Select Committee on China are seeking information from venture capital company Sequoia on its investments in Chinese technology companies after the company announced it planned to split from its Chinese affiliate by March. In an Oct. 17 letter sent to Sequoia executives, Reps. Mike Gallagher, R-Wis., and Raja Krishnamoorthi, D-Ill., said that even though the company’s split from Sequoia Capital China is a “step in the right direction,” questions remain about whether the move will “staunch future flows of American capital to problematic” Chinese companies.
The Russian invasion of Ukraine changed export compliance dramatically, said Howard Mendelsohn, chief client officer for Kharon, "where the onus is on industry like it’s never been before to sort of find a way to be proactive." Mendelsohn, whose firm provides risk intelligence to businesses, spoke at an OCR Services trade compliance conference Oct. 17 in Bethesda, Maryland, outside Washington, D.C. He said exporters have to be proactive on blocking reports and applying for licenses, and importers have to find another supplier.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.