Andrea Delisi, former assistant chief counsel in the Treasury Department's Office of Foreign Assets Control, joined Morrison & Foerster in its National Security and Global Risk + Crisis Management groups, the firm announced Feb. 10. She previously advised OFAC on legal issues including the office's economic sanctions programs involving Venezuela, Syria, Iran, human rights, corruption and terrorism.
The Office of Foreign Assets Control announced new restrictions on U.S. imports of Cuban cigars and alcohol as part of a broader set of measures to increase Cuba sanctions. The restrictions, outlined in a final rule effective Sept. 24, will revise four import-related authorizations in OFAC’s Cuban Assets Control Regulations. The authorizations apply to imports in “accompanied baggage” for personal use; by non-U.S. citizens or residents “not in commercial quantities” and not for resale; in accompanied baggage by or on behalf of a Cuban national “who is present” in the U.S.; and as accompanied baggage of Cuban origin purchased in a third country for personal use. Importers will no longer be able to use the authorizations for Cuban alcohol and tobacco products without specific licenses.
CBP should “seek and obtain the legal authority” to create a Restricted and Prohibited Parties List of known intellectual property rights violators to help fight imports of counterfeit goods, the Commercial Customs Operations Advisory Committee IPR Working Group said in recommendations. The list should consist “of foreign and domestic parties (i.e., individuals, companies or organizations) who are known offenders due to repeat violations,” it said. The group will present the recommendations during the July 15 COAC meeting.
The Trump administration issued an advisory for companies doing business with China’s Xinjiang region, which could expose companies to sanctions, export controls and forced labor risks. In a 19-page guidance issued July 1, the departments of State, Commerce, the Treasury and Homeland Security describe supply chain risks and possible sanctions exposure for companies trading with the region, and includes suggested due diligence practices. The guidance comes less than a month after President Donald Trump authorized sanctions against Chinese officials for human rights violations against the country’s Uighur population in the Xinjiang region (see 2006170064).
The International Trade Today editorial team today announced the launch of a new information service, Export Compliance Daily, that will deliver a concise, daily email summary of global export regulatory developments, in-depth PDF edition and full website access at exportcompliancedaily.com beginning on March 5th, 2019.
A cosmetics importer will pay $996,080 to settle charges that it violated sanctions on North Korea by bringing in false eyelash kits from China that contained North Korean materials, the Office of Foreign Assets Control said in a document posted Jan. 31 to its website. ELF Cosmetics imported 156 shipments of the eyelash kits worth $4,427,019.26 from two Chinese suppliers before becoming aware of the violations and voluntarily disclosing them to OFAC in January 2017, the document said.
The Office of Foreign Assets Control on Nov. 5 issued a final rule implementing the “snap back” of its Iran sanctions regulations following the U.S. decision to withdraw from the Joint Comprehensive Plan of Action in May (see 1805080056). The agency is also re-adding more than 700 persons to its Specially Designated Nationals list that had been removed as a result of the now-defunct Iran nuclear deal. The actions come at the end of a 180-day “wind-down” period of phased reimplementation of the Iran sanctions, with many provisions on trade having already come into effect in August. This final phase mostly affects Iranian shipping, petroleum and financial institutions. OFAC also updated its frequently asked questions document on the Iran sanctions with new information related to the return of sanctions, including on provisions related to payments for goods or services already provided before sanctions were reinstated.
Morrison & Foerster added John Smith, previously director of the Treasury Department’s Office of Foreign Assets Control, as a partner in the firm's National Security Practice, it said in a news release.
The departments of State, Treasury and Homeland Security jointly issued an advisory about the ban on goods made by North Korean nationals, the Office of Foreign Assets Control announced on July 23. The guidance is meant to "highlight the sanctions evasion tactics used by North Korea that could expose businesses -- including manufacturers, buyers, and service providers -- to sanctions compliance risks," it said. "Businesses should be aware of deceptive practices employed by North Korea in order to implement effective due diligence policies, procedures, and internal controls to ensure compliance with applicable legal requirements across their entire supply chains." The advisory also provides information on the industries and countries known to have used North Korean labor. The use of North Korean labor is considered to be forced labor under the Countering America’s Adversaries Through Sanctions Act (see 1711070046). DHS released some frequently asked questions in late March on CAATSA enforcement (see 1804020018).
The Office of Foreign Assets Control is amending its regulations on trade in rough diamonds to update requirements for Kimberly Process Certificates. OFAC’s final rule incorporates recent changes to Census Bureau requirements for submission of Kimberly Process Certificates for imports and exports of rough diamonds (see 1804230045), and also clarifies which entity may issue Kimberly Process Certificates for rough diamond exports. OFAC is also adding definitions for rough diamond packaging requirements and voided certificates, and making “certain technical and conforming changes” to penalty provisions. The final rule takes effect June 19, 2018.