The recent U.S. decision to increase sanctions and export controls on Russia, although largely narrow, could have significant implications for exporters doing business in Russia, law firms said. U.S. companies should pay close attention to new restrictions on certain controlled services and the potential impacts of the restrictions on disclosure and reporting requirements, the firms said.
The U.S., the European Union, the United Kingdom and Canada announced sanctions against China for human rights abuses in an internationally coordinated effort to condemn China’s treatment of its Uyghur population. The sanctions, announced March 22, target officials and an entity in the Xinjiang Uyghur Autonomous Region for leading the repression and detention of Muslim minorities.
The Bureau of Industry and Security is planning to issue another set of emerging technology controls this year and hopes to propose them for multilateral control in 2022, said Matt Borman, BIS’s acting assistant secretary for export administration. Borman also said he hopes BIS can fall into a more predictable “sequence” for its emerging and foundational technology control effort and move past last year’s disruptions to multilateral regimes caused by the pandemic.
Companies will continue to see a rise in global scrutiny of foreign direct investments as European countries try to match the U.S.’s investment screening regime, which has set the standard for investment reviews, trade lawyers said. Several countries, including the United Kingdom and Germany, are quickly bolstering their regimes while the U.S. is continuing to expand its jurisdiction to keep China and sanctioned countries from acquiring critical technologies, the lawyers said.
The U.S. sanctioned 24 Chinese and Hong Kong officials responsible for interfering in Hong Kong’s autonomy, building on previous designations issued last year. The new sanctions, announced March 17, target 14 vice chairs of the National People’s Congress Standing Committee and officials in the Hong Kong Police Force’s National Security Division, the Hong Kong and Macau Affairs Office and the Office for Safeguarding National Security.
The U.S. issued a series of increased export controls against Russia for the poisoning of Russian political opposition leader Alexei Navalny, including tighter restrictions on license exceptions and national security-controlled goods. The restrictions, first announced earlier this month (see 2103020067) but outlined in more detail in notices released March 17, will introduce new conditions and restrictions over sensitive exports to Russia and end certain U.S. arms sales to the county, the Commerce and State departments said. The restrictions take effect March 18.
Biden Admin Needs to Prioritize Tech Standards Setting, National Tech Strategy, Former Officials Say
The U.S. should form a strong global technology alliance and promote better interagency cooperation on technology policies to better compete with China and counter its dominance at standards setting bodies, former government officials said. A modern national technology strategy must start with the White House and Congress, the former officials and experts said, which should embrace some form of industrial policy and pour resources into protecting critical technologies.
The Office of Foreign Assets Control fined a Cleveland process controls and instrument manufacturer more than $215,000 for violating U.S. sanctions against Iran, OFAC said in a March 15 notice. The company, UniControl, Inc., exported goods to European companies despite knowing they would ultimately be sent to Iran, OFAC said. The agency said the company failed to “act on multiple apparent warning signs.”
The U.S. needs to immediately modernize export controls and foreign investment screening mechanisms to counter Chinese technology advancement, a U.S. commission told Congress. The members of the National Security Commission on Artificial Intelligence, building off a report it released earlier this month, told lawmakers March 12 that the U.S. is in danger of ceding technology leadership over artificial intelligence if it doesn’t devote more resources to innovation and create a clearer national technology strategy.
The U.S. should refrain from imposing sanctions on the Houthis and others for the violence in Yemen because the restrictions would have a “disastrous” impact on the country’s commercial imports, humanitarian aid experts said. The experts applauded the Biden administration for repealing the terrorism designation of the Iran-backed Houthi rebels last month (see 2102100016) and urged policymakers to find a diplomatic solution rather than turning back to sanctions.