A Chinese national was arrested on Dec. 3 for allegedly conspiring to export firearms, ammunition and other military items to North Korea, the U.S. Attorney's Office for the Central District of California announced. Shenghua Wen, an illegal resident of California, was charged with conspiracy to violate the International Emergency Economic Powers Act and faces a maximum of 20 years in prison.
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.
President-elect Donald Trump will most likely either turn to the International Emergency Economic Powers Act (IEEPA) or Section 301 of the Trade Act of 1974 to impose his recently announced tariffs on Canada, Mexico and China, said trade lawyers interviewed by Trade Law Daily. Though much remains unknown about how Trump will impose these tariffs, the president-elect may turn to the two broad statutes to impose the tariffs to accomplish his stated goals of curbing the flow of migrants and fentanyl into the U.S.
Turkish national Taskin Torlak was arrested Nov. 2 for allegedly conspiring to violate U.S. sanctions by scheming to ship oil from Venezuela to benefit the country's state-owned oil and natural gas company Petroleos de Venezuela, DOJ announced.
The U.S. Court of Appeals for the 9th Circuit rejected an argument from a Chinese engineering professor who said his illegal export shouldn't have been subject to national security controls, which made the export subject to a higher base offense (U.S. v. Yi-Chi Shih, 9th Cir. # 23-3718).
If a reelected President Donald Trump uses the existing Section 301 tariffs program to hike tariffs on all Chinese goods by at least 60%, that's likely to survive a court challenge, said two law professors who spoke during a Washington International Trade Association webinar on the executive branch's ability to make deals and impose trade restrictions without congressional say-so.
An indictment was unsealed on Oct. 22 charging Iran Revolutionary Guard Corps brigadier general Ruhollah Bazghandi and members of his network with sanctions evasion, among other charges, in their efforts to murder a U.S. citizen of Iranian origin in New York City, DOJ announced.
Chinese national Lin Chen pleaded guilty last week for his role in a conspiracy to illegally export controlled U.S. technology to Chinese end users, including for a company on the Commerce Department’s Entity List (see 2404260019). As part of a plea agreement, Chen pleaded guilty to causing an unlawful export in violation of the International Emergency Economic Powers Act. His sentencing hearing is scheduled for Jan. 28, when he faces a maximum statutory penalty of up to 20 years in prison and a $1 million fine.
A dual U.S. and Iranian citizen on Oct. 7 was arrested for allegedly violating the International Emergency Economic Powers Act by sending digital and physical gift cards loaded with U.S. dollars to Iran, DOJ announced. Kambiz Eghbali, a Los Angeles resident, was charged alongside Iranian nationals Hamid Hajipour and Babak Bahizad for the scheme, which also included charges of conspiracy to commit bank fraud and commit money laundering.
Australia extradited Chinese national Jin Guanghua to the U.S. last week to face charges that he, along with co-conspirators, took part in a scheme to sell tobacco in North Korea in violation of U.S. sanctions, DOJ announced. Jin made his initial appearance in a District of Columbia district court Sept. 30.