The State Department announced penalties on two foreign entities and one foreign official for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act. The agency said the three transferred items subject to multilateral control lists that contribute to weapons proliferation or missile production, in a notice. The entities are China-based Ningbo Vet Energy Technology, Ningbo Zhongjun International Trade and their subsidiaries. Also sanctioned was Rim Ryong Nam, a North Korean official based in China and working for North Korea’s Munitions Industry Department. The two entities and the official are barred from purchasing items controlled on the U.S. Munitions List and by the Arms Export Control Act. The State Department also will suspend any current export licenses used by the entities and official and bar them from receiving new export licenses for any goods subject to the Export Administration Regulations. Government agencies are barred from entering into procurement contracts with them. The measures took effect Jan. 13.

The State Department updated its review policy for approving certain exports of precision-guided weapons to better ensure the items will not be used to harm civilians or abuse human rights. The change will affect license application reviews for direct commercial sales (DCS) of U.S. precision-guided munitions (PGM), the Directorate of Defense Trade Controls said this week, which will better align the review policy for DCS with the agency’s Foreign Military Sales (FMS) program.

The State Department should clarify to the Commerce Department that Electronic Export Information filings are not required for exports of certain licensed technical data controlled under the International Traffic in Arms Regulations, the American Association of Exporters and Importers said in a Jan. 8 letter. Even though the export of that data is authorized by an ITAR exemption and exempt from Automated Export System filings, the AAEI said “regulatory modifications made to support Single Window automation inadvertently” created uncertainty about whether AES filings are required. The uncertainty stemmed from the removal of language in the ITAR that “previously indicated no AES filing was required for such exports,” AAEI said. “This inconsistency causes confusion within industry, potentially impacts trade statistics, and may cost companies in business processing time,” the group said. AAEI urged the Directorate of Defense Trade Controls to clarify the filing requirement “either through issuance of an amendment” or “informally through coordination with” the Census Bureau. DDTC didn’t comment.

Industry may experience delays in wait times on responses from the State Department’s Directorate of Defense Trade Controls due to road closures and other public safety measures in place in Washington through next week, DDTC said Jan. 13. DDTC is expecting “longer than normal wait times” on responses from DDTC staff, including communications related to mail and the DDTC Response Team or Help Desk, through Inauguration Day Jan. 20. “We appreciate your patience and will get back to you as soon as we can,” DDTC said.

Jenner & Block hired Rachel Alpert, previously with Latham & Watkins, as a partner, the firm said in a news release. Alpert also previously worked in the State Department Office of the Legal Adviser. Her work “supports organizations in the oil and gas, communications, travel, and other industries on legal issues involving export controls and US sanctions laws and regulations under the International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and Office of Foreign Assets Control (OFAC) regulations,” Jenner & Block said.

Export Compliance Daily is providing readers with the top stories for Dec. 28-31 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.

FedEx issued a December alert on its services and policies for shipping to Hong Kong and China items that are controlled by the International Traffic in Arms Regulations. The company said its policies reflect changes the Donald Trump administration made in July to increase licensing restrictions and end preferential treatment for controlled shipments to Hong Kong (see 2007150019). FedEx said exporters that obtained a State Department license before the July restrictions were announced cannot use its International Controlled Export service option to ship certain controlled goods to Hong Kong because the restrictions suspended all license exceptions. The company also said it “cannot accept ITAR items” that are prohibited by its “service guides,” including firearms, weaponry and certain parts. “Even if the customer has properly obtained the required license/permit for exporting the weapons, these cannot be transported on FedEx Express International Services and service options,” the company said.

Export Compliance Daily is providing readers with the top stories for Dec. 21-24 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.

The State Department published its fall 2020 regulatory agenda. The agenda includes a new mention of a proposed rule to amend the International Traffic in Arms Regulations to allow certain employees involved in ITAR activities to work remotely. The rule will revise the ITAR’s definition of a “regular employee” and clarify the “contractual relationships that meet the definition of regular employee.” The State Department sent the rule for interagency review this month (see 2012080011) and aims to issue the rule in February 2021.

Export Compliance Daily is providing readers with the top stories for Dec. 14-18 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.