Customers and borrowers of financial institutions may start to receive more requests from banks about their export control compliance practices due to a recently issued joint alert by the Treasury and Commerce departments, Crowell & Moring said July 13. The alert also has other implications for customers of certain financial institutions, the firm said, and could hurt their ability to receive lenient penalties from a voluntary disclosure.
The EU is ramping up efforts to monitor Russia-related export control evasion and hopes to soon make more progress on sanctions enforcement within the U.S.-EU Trade and Technology Council, said Sabine Weyand, the European Commission’s director general for trade, speaking during a July 13 event hosted by the Center for Strategic and International Studies. She expects EU enforcement to soon pick up because many of the bloc’s wind-down periods for the restrictions are ending.
TradeStation Group, the U.S.-based parent company of an online securities and brokerage firm, said it may have violated U.S. sanctions. The company on June 29 submitted a voluntary self-disclosure to the Office of Foreign Assets Control after discovering its platform may have been accessed from a sanctioned country or by a sanctioned entity or person, TradeStation said in a July 1 SEC filing. The disclosure included information on a “nominal percentage of its customers’ compliance with OFAC’s comprehensive territorial-based sanctions,” the company said.
The U.S. will ramp up sanctions pressure against Iran if it doesn’t return to the Joint Comprehensive Plan of Action, said Jake Sullivan, President Joe Biden’s national security adviser. Sullivan also said Iran is preparing to send weapons technology to Russia in violation of international export controls.
Some of the Federal Maritime Commission’s proposed changes to its rules for Carrier Automated Tariffs (see 2205090006) are unnecessary and could place too heavy a burden on industry, two trade groups and a logistics company said in comments this month. The commenters were especially critical of a proposed change that would add more requirements to container documentation, and said they wouldn't support a proposal that would allow a non-vessel operating common carrier (NVOCC) to cross-reference the terms in a vessel-operating common carrier’s (VOCC) tariffs.
A U.S. appeals court on July 8 affirmed a 2020 District of Columbia court ruling dismissing FedEx’s lawsuit against the Bureau of Industry and Security, saying the shipping company failed to show BIS acted outside its authority. The court also rejected FedEx’s claims that the agency was using the Export Administration Regulations to apply overly burdensome liability standards on carriers and penalize them even when carriers do not have knowledge of violations.
The Los Angeles and Long Beach ports again postponed by a week a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), the two ports announced July 8. The ports had planned to begin imposing the fee in November 2021 but have postponed it each week since. The latest extension delays the effective date until July 15.
The Bureau of Industry and Security on July 7 sent an interim final rule for interagency review that will clarify how export controls are applied in the context of international standards-setting bodies. The rule will specifically authorize certain items and “releases of technology” to entities on the Entity List “for standards setting or development in standards organizations,” BIS said.
Although Chinese companies with little international exposure may decide to violate export restrictions against Russia, most of the larger companies likely won’t take the risk, experts said. So far, most Chinese companies are complying with the sanctions and only continuing to buy Russian oil and gas, the experts said, despite strong opposition to Western sanctions by the Chinese government.
The Bureau of Industry and Security's recent shift in enforcement policies and strategy could “significantly” increase risks for companies, law firms said, especially those based in the U.S. The changes could cause businesses to invest more in compliance, they said, and could lead to a more aggressive BIS enforcement posture.