The U.S. and more than 20 of its allies this week released an export controls code of conduct, establishing a new forum for “subscribing states” to share information and stop technologies from being used for human rights violations. The Bureau of Industry and Security also issued new guidance describing how it factors human rights issues into its export application decisions and outlining the due diligence responsibilities of exporters.
The Bureau of Industry and Security this week announced a 20-year export denial order against a Montana resident and his two companies for violating U.S. export controls against Iran. BIS in June charged Kenneth Scott and his companies, Scott Communications and Mission Communications, with shipping export-controlled radios knowing they would be delivered to Iran, failing to maintain export records, making false statements to FBI and BIS agents and more (see 2206100053).
The EU and the U.K. are stepping up Russia sanctions enforcement, mirroring U.S. efforts to increase prosecutions and designations of companies helping Moscow evade trade restrictions, two Europe-based lawyers said this week. They said European countries are increasingly taking steps to expand the extraterritorial reach of their sanctions authorities, warning companies to make sure they’re conducting careful due diligence.
The U.S. should tighten its export controls to prevent Russia from acquiring U.S. technologies through international space cooperation activities, said Benjamin Schmitt, a national security and export control researcher at the University of Pennsylvania. Schmitt, speaking during a March 29 event hosted by the Atlantic Council, said the U.S. specifically needs to impose more restrictions around what types of items it shares with Russians in the International Space Station context.
The House Foreign Affairs Committee this week advanced two sanctions bills, including one that could lead to new human rights sanctions against Haiti and another that would prevent the administration from removing sanctions against Cuba until it meets certain requirements.
The State Department this week extended its open general license pilot program for three years, allowing users to continue using the licenses beyond the original July 31 expiration date. The agency’s Directorate of Defense Trade Controls said the extension will help it “collect sufficient data to consider the usefulness” of the pilot -- which includes a license each for certain reexports and retransfers -- and will give companies “sufficient certainty” to continue relying on the licenses “without fear that they could expire more quickly than a traditional license.”
The Bureau of Industry and Security this week added 11 entities in China, Myanmar, Nicaragua and Russia to the Entity List for various activities that have contributed to human rights abuses, the agency said in a final rule effective March 28. The entities include procurement firms, a police entity and technology and electronics companies, including several subsidiaries of Chinese surveillance company Hikvision, which was added to the Entity List in 2019 (see 2205090014).
The Biden administration this week plans to “unveil” new human rights-related export control measures as part of the second Summit for Democracy, a senior administration official said. The measures will show how the U.S. and its allies have so far implemented the Export Controls and Human Rights Initiative, an effort announced at the first democracy summit in 2021 that was designed to lead to better guardrails on exports of surveillance items and other technologies (see 2112090030).
The two lawmakers who spearheaded last year's House ocean shipping reform bill plan to introduce new legislation this week that could further expand the Federal Maritime Commission’s authority. Rep. Dusty Johnson, R-S.D., said he and Rep. John Garamendi, D-Calif., plan to introduce the “Ocean Shipping Reform Act 2.0,” which could “undo some of the damage the Senate did” to revise OSRA before it passed both chambers in June.
The Bureau of Industry and Society’s export enforcement arm is ramping up outreaches to exporters amid a rise in new restrictions against Russia and China, said Christopher Grigg, a former DOJ official. Grigg, now a lawyer with Nixon Peabody, said the agency’s Office of Export Enforcement is contacting more companies to specifically vet their record-keeping procedures.