A federal court in Philadelphia sentenced an exporter of protected wildlife to six months in prison for smuggling terrapins to Canada in violation of the Lacey Act, the Justice Department said in an Aug. 29 press release. David Sommers of Levittown, Pennsylvania, had pleaded guilty in February to Lacey Act false labeling violations related to the misdeclaration of diamondback terrapins on a commercial invoice and international air waybill he submitted to a carrier for a shipment to Canada.

Nazak Nikakhtar is no longer the acting Commerce Department undersecretary for industry and security, a position she held as she awaited confirmation from the Senate, a Commerce spokesperson said. Nikakhtar is no longer performing that duty and is now focused solely on her role as assistant secretary for industry and analysis. Her nomination has not yet been officially withdrawn.

Almost half of companies that responded to the U.S.-China Business Council's annual survey on the business climate in China said they have lost sales in China since the trade war began. The most common reason is because of retaliatory tariffs on U.S. imports to China, according to these 100 multinational firms based in the U.S. Another third said they lost sales because of U.S. tariffs.

China is not looking to escalate its trade war with the U.S. and wants to focus on removing tariffs, not adding them, a Chinese government spokesman said Aug. 28. “We are resolutely opposed to the escalation of the trade war and are willing to resolve the issue through consultation and cooperation in a calm attitude,” said Gao Feng, a commerce ministry spokesman, according to an unofficial translation of a press conference transcript. “The escalation of the trade war is not conducive to China, not to the United States, and is not conducive to the interests of the people of the world.”

The State Department is removing certain “lower performing radars” from the U.S. Munitions List and is extending for two years a temporary modification to Category XI, the State Department said in a notice in the Federal Register.

ExxonMobil is requesting that a court vacate a $2 million penalty imposed by the Office of Foreign Assets Control for doing business with Rosneft, a Russian oil company, according to a brief filed Aug. 26 with the U.S. District Court for the Northern District of Texas.

The United Kingdom’s post-Brexit tariff plan may not be a viable long term option and may significantly damage certain U.K. farmers, companies and exporters, said Robert Chapman, a London-based trade lawyer with Mayer Brown.

Japan said it will allow “legitimate” exports to South Korea as it prepares today to remove the country from its list of trusted trading partners. During an Aug. 27 press conference, Hiroshige Seko, Japan’s minister of trade, economy and industry, repeated assertions that the move is not a “countermeasure” to any South Korean actions and is not an export embargo.

Export Compliance Daily is providing readers with some of the top stories for Aug. 19-23 in case they were missed.

Violations of the Arms Export Control Act require knowledge that the unlicensed exports were unlawful, and not just that the exporter knew their general conduct was illegal, the U.S. Court of Appeals for the District of Columbia Circuit said in an Aug. 20 decision. Vacating the conviction of a forwarder for Arms Export Control Act violations, the appeals court held that the lower court’s jury instructions were not specific enough and could have been misinterpreted to include knowledge of import violations in another country.