The U.S. should form a new export control strategy to better pinpoint the restrictions that will impose the highest costs on China, with a particular focus on technologies where the U.S. and its allies dominate the global market, researchers said. They also said the U.S. should create a new agency or government position to coordinate export controls, sanctions and other economic statecraft tools against China and other adversaries.
The Treasury Department’s Financial Crimes Enforcement Network issued a new advisory this week to alert industry about the ways Iran-backed terrorist organizations are illegally circumventing or using the international financial system to raise, move and spend money. The advisory also includes a list of red flags to help banks and other financial institutions catch suspicious activity that may be linked to those groups.
The Bureau of Industry and Security this week added 37 Chinese technology companies, manufacturing firms, research institutions and others to the Entity List for trying to acquire U.S.-export controlled items for China’s military or quantum technology capabilities, shipping controlled items to Russia, or for their ties to a “High Altitude Balloon” that the U.S. shot down last year.
The Biden administration, which announced in August 2023 that it would develop restrictions on outbound investment in China (see 2308090066), expects to finalize the new regulations by the end of calendar year 2024, Commerce Secretary Gina Raimondo said May 8.
The Office of Foreign Assets Control soon will make a range of changes to its reporting, procedures and penalties regulations, including one that will require electronic-only filings of certain documents and others that will add or clarify reporting requirements for certain blocked property or rejected transactions. The agency also clarified its definitions for “transaction” and “U.S. persons” after public commenters told OFAC they were unclear, clarified the types of information that must be reported for rejected transitions, and more.
The U.S. will struggle to compete technologically with China unless it continues to loosen trade barriers around sensitive technologies for a broader range of allies outside just the U.K. and Australia, Mike Gallagher, a former member of Congress, said this week.
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Senate Democrats are urging the Treasury Department to quickly finalize a proposed rule that could make investment advisers subject to more sanctions-related compliance requirements, adding that the agency should also require advisers to follow rigorous due diligence requirements that currently apply to large banks. But financial industry organizations said Treasury should revise the proposal because investment advisers are already covered by existing anti-money laundering laws and aren’t the right target for new compliance guardrails.
Companies should expect the U.S. to soon expand the statute of limitations for certain export control violations to align with a similar extension for sanctions violations, a law firm said.
Sen. Bill Hagerty, R-Tenn., and Rep. Mark Green, R-Tenn., announced separate legislative proposals last week that would block the Bureau of Industry and Security’s new interim final rule restricting firearms exports.