The Federal Maritime Commission plans to request comments on the possibility of new demurrage and detention billing requirements, which would seek to address unfair charges and billing practices faced by shippers. In a pre-rule set to be published "soon," the FMC will request feedback on whether it should require carriers and terminal operators to include “certain minimum information” with their billings and whether they should be issued to shippers within a certain time frame.
The Bureau of Industry and Security added 33 Chinese entities to its Unverified List this week, including universities and companies operating in China's technology and electronics sectors. BIS hasn’t been able to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports, the agency said in a notice. The UVL additions take effect Feb. 8
The Los Angeles and Long Beach ports again postponed a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), the two ports announced Feb. 4. The ports originally planned to begin imposing the fee Nov. 15, but have postponed it each week since. The latest extension delays the effective date until Feb. 11.
The House voted 222-210 last week to pass its China competition bill, which includes a variety of provisions that could expand U.S. export controls, sanctions and investment screening authorities. Although the America Competes Act faced objections from Republicans who argued it wasn’t tough enough on China and didn’t include strong enough export control measures (see 2202020039), several provisions could lead to more China sanctions and further restrict exports of critical American technologies.
The Biden administration’s closed briefing to lawmakers on Feb. 3 only underlined the need for strong U.S. sanctions against Russia, several senators said. Sen. Chris Coons, D-Del., said administration officials gave a “factual assessment” of the dire situation at the Ukrainian border, which could soon see a Russian military invasion. “It's really hard to listen to all that and not conclude that we need to do more,” Coons told reporters on Capitol Hill. “Everything should be on the table in terms of sanctions.”
The Census Bureau won't follow through with a rule to eliminate some export reporting requirements for shipments to Puerto Rico and the U.S. Virgin Islands (see 2009160033 and 2112140052), saying it couldn’t find an alternative data source to replace the information that would no longer have been submitted by exporters. The decision, released Feb. 3, came after months of both interagency and public discussions, including heavy lobbying from parts of the U.S. shipping industry, which argued the requirements were costly, burdensome and unfair.
The House will consider multiple sanctions and export control amendments submitted as part of its China competition bill (see 2201310064), including one that could adjust the Commerce Department's export control authority, several that could require more scrutiny on Chinese foreign investments and at least two that could lead to new China sanctions.
The Bureau of Industry and Security issued a Feb. 3 final rule to reorganize, make corrections and clarify the scope of its foreign direct product rules. The changes, mentioned in the agency’s fall 2021 regulatory agenda (see 2112210044), help to clarify where and how the FDP rules apply and make some corrections to language in the Export Administration Regulations.
Senators said this week they are close to finalizing negotiations on a bill that would impose new sanctions on Russia both before and after it potentially invades Ukraine. Sen. Bob Menendez of New Jersey, the Democratic chair of the chamber’s Foreign Relations Committee, said Feb. 1 that he plans to meet soon with Sen. Jim Risch of Idaho, the committee’s top Republican, to finalize the bill.
The State Department this week fined a U.S. electro-optics equipment manufacturer $840,000 after it illegally exported or tried to export defense items to several countries, including China and Lebanon. Torrey Pines Logic didn’t secure required export licenses before shipping its products, illegally participated in defense export activities while it was ineligible and didn’t maintain adequate export transaction records, the Directorate of Defense Trade Controls said in a charging letter released Jan. 31. TPL ultimately agreed to a series of remedial measures to improve its export compliance program, including hiring a DDTC-approved compliance officer.