Alan Estevez, undersecretary of the Bureau of Industry and Security during the Biden administration, has joined Covington & Burling as a senior adviser in the practice groups working on the Committee on Foreign Investment in the U.S. and international trade controls. Estevez served as undersecretary for more than three years, during which he oversaw the introduction and implementation of a range of new export control rules to restrict sales of advanced semiconductors and chip-related technology to China; new export restrictions against Russia; the continued expansion of the Entity List; and more.
The U.S. this week said it won’t be prosecuting a NASA contractor for export control violations because the organization quickly self-reported the breaches and demonstrated “exceptional and proactive” cooperation with DOJ’s National Security Division. The announcement came after one of the contractor’s employees pleaded guilty to illegally exporting flight control software to a Chinese company on the Entity List and embezzling at least $161,000 in software license sales from those exports.
The U.S. this month arrested and charged a Pakistani-Canadian national with conspiracy to violate U.S. export controls after DOJ said he illegally shipped millions of dollars worth of controlled items to entities in Pakistan, including ones on the Entity List, all while hiding the true end-users from U.S. exporters.
Chinese drone maker DJI urged the U.S. District Court for the District of Columbia to compel the Pentagon to provide its counsel with classified information in the company's suit against its designation as a Chinese military company. DJI argued that the information is "undoubtedly" relevant since DOD used it as the basis for DJI's designation, and that disclosure is needed because the court can't evaluate the designation without access to the "very information on which that designation is based" (SZ DJI Technology Co. v. U.S. Department of Defense, D.D.C. # 24-02970).
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
Chinese manufacturer Camel Group Co. took to the Court of International Trade last week to contest its placement on the Uyghur Forced Labor Prevention Act (UFLPA) Entity List, arguing that the Forced Labor Enforcement Task Force "utterly disregarded, ignored and trampled" its due process rights in a "flawed and poorly executed process." The company said FLETF illicitly conducted the process in the shadows, refusing to offer it access to any of the evidence used against the company, and that the decision to deny its petition to be removed from the list wasn't backed by substantial evidence (Camel Group Co. v. United States, CIT # 25-00022).
The following lawsuits were recently filed at the Court of International Trade:
Trade Law Daily is providing readers with the top stories from last week, in case you missed them. All articles can be found by searching on the title or by clicking on the hyperlinked reference number.
The founder and former CEO of a California-based freight forwarding company pleaded guilty on Nov. 26 to conspiring to violate export laws by sending goods to Chinese companies on the Commerce Department's Entity List, DOJ announced.
An Indian national violated U.S. export controls by lying on at least one export application for dual-use aerospace technology, telling the government the item would be exported to India when he actually planned to send it to Russia, according to a DOJ indictment unsealed last week and the sworn affidavit of a Bureau of Industry and Security special agent.