The Treasury Department presented the results of its monthslong sanctions review (see 2107200024, 2107060012 and 2106220037) to the Senate Banking Committee Oct. 19, detailing how it hopes to better coordinate designations with trading partners and establish more modern, effective sanctions regimes. Although some senators applauded the agency’s commitment toward revising its sanctions approach, others questioned Deputy Secretary Wally Adeyemo about what they said have been several U.S. sanctions failings, including the administration's policies toward Nord Stream 2 and China’s reported purchases of Iranian oil.
RANCHO MIRAGE, California -- CBP is being pushed to move faster on its electronic export manifest after delays have pushed back its full release to at least next year, said Jim Swanson, director of the agency’s Cargo and Security Controls Division. He pointed to a “variety of reasons” CBP hasn’t yet been able to mandate the use of EEM, including “limited participation” in the pilot program. “I can tell you right now I have a lot of internal pressure from various parts of the government asking us why don't we have this up and running,” Swanson said Oct. 15 during the Western Cargo Conference.
RANCHO MIRAGE, California -- The Commerce Department and CBP will soon deploy a new feature in the Automated Export System to automatically warn filers if they are exporting a controlled item without a license, a BIS official said. The agencies hope to launch the feature -- which should help exporters, freight forwarders and carriers better conduct due diligence -- in the next few months, said Richard Sylvestri, a senior export administration analyst in the Bureau of Industry and Security's Western Regional Office.
A multinational semiconductor company may have violated U.S. export controls when it transacted with two Chinese technology companies on the Entity List, according to its October Securities and Exchange Commission filing. Arteris, which is headquartered in California, said it maintained a business “relationship” with HiSilicon Technologies Co. and Chongxin Bada Technology Development Co., Ltd., which may have resulted in “inadvertent” violations of the Export Administration Regulations. The Bureau of Industry and Security added HiSilicon to the Entity List in 2019 as an affiliate of Huawei (see 1905160072) and added Bada in 2020 (see 2008260038).
U.S. intervention in the transaction between South Korea’s Magnachip Semiconductor Corp. and Beijing’s Wise Road Capital could set a new precedent for investment reviews and lead to more extraterritorial screening by U.S. trading partners in Europe and elsewhere, lawyers said.
The U.S. and more than 30 other countries are meeting virtually this week to discuss how to better counter and disrupt ransomware attacks, including through sanctions, the White House said Oct. 13. The meetings come less than a month after the U.S. sanctioned SUEX, a large virtual currency exchange, for helping to facilitate transactions related to illegal ransomware attacks (see 2109210031). The White House said the Treasury Department “will continue to disrupt and hold accountable these ransomware actors and their money laundering networks,” and the meetings this week could be a forum for discussing multilateral actions.
The Bureau of Industry and Security fined a U.S.-based telecommunications company $1.87 million for illegally exporting goods to Vietnam, BIS said in an Oct. 12 order. California-based VTA Telecom, a subsidiary of a Vietnamese state-owned telecom company, included false statements in its export applications to hide the true end-uses for the exports, BIS said.
The U.S.’s new export restrictions over certain biological equipment software could have a major impact on life science companies, universities and research organizations, and could present significant foreign investment screening hurdles, law firms said. While the restrictions were issued multilaterally and will only seek to stop certain software exports that can be exploited for biological weapons purposes, firms warned that the new restrictions could still be difficult to manage.
The Bureau of Industry and Security should work to raise export enforcement awareness and prioritize deterrence through large penalties, said Matthew Axelrod, President Joe Biden’s nominee to oversee BIS enforcement work. Speaking during his nomination hearing last week, Axelrod highlighted BIS’s yearslong lack of Senate-confirmed leadership in the Office of Export Enforcement and said his background as a federal prosecutor makes him the right fit for the role.
The U.S. needs to strike a better balance between protecting sensitive U.S. technology from the Chinese government and fostering open academic environments for research and innovation, lawmakers said. But reaching that balance will be challenging, they said, and U.S. universities are struggling to comply with the complex array of export control regulations and disclosure requirements associated with Chinese tech acquisition and influence attempts.