Export Compliance Daily is providing this recap of export control and sanctions enforcement over the past year to assist export compliance professionals, lawyers and others in staying up to date with current enforcement trends. This guide summarizes the most notable enforcement actions by the Commerce Department's Bureau of Industry and Security, the State Department’s Directorate of Defense Trade Controls, the Treasury Department’s Office of Foreign Assets Control and the Department of Justice since Jan. 1, 2022.
The State Department is adjusting its civil monetary penalties for inflation, the agency said in a notice released Jan. 10. The new amounts, which include revised maximum penalties for violations of the International Traffic in Arms Regulations and the Arms Export Control Act, will apply only to penalties assessed on or after Jan. 11, the agency said. For penalties adjusted “according to recent legislation,” the new amounts will apply only to penalties “assessed for violations occurring on or after December 27, 2022.”
The State Department published its fall 2022 regulatory agenda, including planned publication dates for rules to amend the U.S. Munitions List, revise defense trade regulations surrounding the definition of a “regular employee” and expand the types of defense articles and services that can be exported to certain close U.S. allies.
The Bureau of Industry and Security on Jan. 5 revoked the export privileges of three people after they tried to illegally export guns and ammunition.
A revision to U.S. export regulations included in the fiscal year 2023 defense spending bill could lead to new end-use screening obligations for U.S. people and companies operating abroad, Akin Gump said in a Jan. 5 client alert. Although it remains unclear how and when the Bureau of Industry and Security will implement the change, the law firm said it could lead to new restrictions on activities that support foreign military, security or intelligence services even if the activity doesn’t involve technology subject to the Export Administration Regulations.
The State Department’s Directorate of Defense Trade Controls released an update last week to its guidance for U.S. persons providing defense services abroad. The documents include an updated guidance for U.S. persons abroad (USPAB) authorization requests, a new sample certification letter for USPAB authorization requests, a new USPAB submission letter template and an updated set of frequently asked questions.
The Commerce Department published its fall 2022 regulatory agenda for the Bureau of Industry and Security, including one new rule that will finalize new chip export controls against China and others that could revise chemical weapons reporting requirements, the Export Administration Regulations and the Entity List.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
New Manufacturing USA Institutes can help the semiconductor industry reduce costs and accelerate innovation, particularly in emerging technology areas that could soon be subject to export controls, chip companies and industry representatives said in comments to the National Institute of Standards and Technology. They also said the Commerce Department should bar foreign entities from working with Manufacturing USA Institutes if they are subject to U.S. export restrictions or have operations in certain countries, including China.