The Commerce Department still does not have a timeline for releasing its next set of controls on emerging technologies and its advance notice of proposed rulemaking for foundational technologies, despite expectations from top officials that both would be published before 2020, a Bureau of Industry and Security official said. “I would have thought that they would be out earlier,” said Hillary Hess, director of BIS’s regulatory policy division, speaking during a Feb. 4 Sensors and Instrumentation Technical Advisory Committee meeting. “I think everybody would like to see them come out, but I’m not sure how long it’s going to take. I’m having trouble getting a bead on it myself.”
As the coronavirus outbreak disrupts supply chains, U.S. agricultural exporters are unsure when normal cargo processing will resume and are concerned about penalties from ocean freight carriers, according to a Feb. 3 open letter to ocean carriers by Agriculture Transportation Coalition Executive Director Peter Friedmann.
The Treasury’s Office of Foreign Assets Control is becoming progressively worse at addressing specific sanctions questions from industry stakeholders, leaving queries unanswered and causing companies to hesitate before completing transactions, according to Nixon Peabody trade lawyer Alexandra Lopez-Casero. Companies can employ certain strategies to get responses from OFAC, Lopez-Casero said, but OFAC is typically not as responsive and helpful as other agencies, such as the Commerce Department Bureau of Industry and Security.
Although the Defense Department reportedly objected to a proposed Commerce Department rule that would have further restricted foreign sales to Huawei that contain U.S. goods (see 2001240012), the administration will continue considering other ways to increase controls on shipments to Huawei, which may include a “compromise” rule, according to a Jan. 31 research report from Raymond James & Associates. Political support for the proposed rule, including by three senators in a January letter (see 2001270026), may “convince” the Defense Department to “ease its opposition in some form.” If the agency concedes, it will still likely push back on other restrictions on China's technology industry “to preserve some of the revenue stream to the U.S. industrial base,” the report said.
Airbus agreed to pay more than $3.9 billion in combined penalties for violations of the Foreign Corrupt Practices Act, the Arms Export Control Act and the International Traffic in Arms Regulations, the Justice Department said Jan. 31. The bribery charges, levied by U.S., French and United Kingdom authorities, stem from Airbus’s scheme to bribe non-governmental airline executives and government officials, including officials in China, to retain aircraft contracts.
The first humanitarian exports were sent through the joint mechanism created by the Treasury and State departments nearly three months after the channel was created (see 1910250057), Treasury said Jan. 30. Treasury said the mechanism successfully facilitated transactions from a “humanitarian channel” in Switzerland that sent cancer and transplant-related drugs to Iranian medical patients. The channel is subject to “strict due diligence measures,” Treasury said, adding that the successful transactions prove “a model for facilitating further humanitarian exports to Iran.”
The Commerce Department again postponed the first meeting of its Emerging Technology Technical Advisory Committee and may not reschedule it until March, a Commerce official said. The meeting, which was originally scheduled for Dec. 4, 2019,was initially postponed to January as the agency faced delays in issuing members their security clearances (see 1911200045). But the problem persisted, according to Anita Zinzuvadia, a licensing officer with the Bureau of Industry and Security, who said Commerce canceled the January meeting.
United Kingdom businesses and U.S. agricultural exporters want the two countries to sign a comprehensive trade deal rather than continue the Trump administration's recent string of limited phase one deals, industry representatives said. Some stakeholders feel the two countries should capitalize on negotiating a full agreement before the upcoming U.S. presidential election, which could lead to an anti-Brexit Democratic president and stymie negotiations, the representatives said.
More countries will try to operate separately from the U.S. financial system in an attempt to trade without fear of penalties from the U.S.’s wide-ranging sanctions regimes, sanctions experts said. Although some countries have struggled to operate outside the U.S. dollar -- such as Venezuela and Cuba -- better positioned countries may find success in the future, the experts said.
The Treasury’s Office of Foreign Assets Control reached a $1.125 million settlement with Eagle Shipping International for 36 violations of U.S. sanctions against Burma, OFAC said in a Jan. 27 notice. The ship management company, which has headquarters in Connecticut, illegally transported “sea sand” for Myawaddy Trading Limited, a company on OFAC’s Specially Designated Nationals List, the notice said. Eagle Shipping allegedly provided transportation services from Burma to Singapore for a “land reclamation project” for Myawaddy that involved transactions worth about $1.8 million.