A State Department proposal to revise the definition of defense services could cover an overly broad set of activities and likely exacerbate the already lengthy processing times for commodity jurisdiction requests and export license applications, defense industry groups and firms said in public comments to the agency released last week.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
Chinese government efforts to obscure which firms have public links to the country’s military are making due diligence more complicated, but compliance officers can use several strategies to overcome those challenges, said Colby Potter, a former intelligence official with the State Department.
The Federal Maritime Commission needs more employees and funding to investigate and penalize violators of shipping laws, especially for costly cases that move to U.S. courts, the commission’s enforcement division director told the FMC this week. Commissioners also said the FMC is closely scrutinizing ocean carriers and terminal operators accused of unfair surcharge practices stemming from the recent labor strikes at U.S. East and Gulf coast port terminals.
New export controls over U.S. persons’ support for certain foreign military, intelligence and security services activities would place too much strain on both the government and industry compliance departments, disadvantage American exporters compared with their foreign competitors, and may provide no clear benefit to U.S. national security, companies and trade groups told the Bureau of Industry and Security.
The Federal Maritime Commission’s enforcement arm is investigating two cases involving potentially unlawful or unfair maritime shipping practices, including one that hasn’t yet been made public, said John Crews, director of the FMC’s Bureau of Enforcement, Investigations and Compliance.
An updated maritime industry advisory issued this week by the group of countries implementing the price cap on Russian oil includes new compliance recommendations, including ways to improve due diligence around tanker sales and tips to avoid deals with sanctioned counterparties.
The Bureau of Industry and Security will add 26 companies and people to the Entity List after the agency said they violated U.S. export controls -- including by supplying sensitive items to China, Iran, Pakistan or Russia -- or failed to comply with U.S. end-use checks.
China released new dual-use export control regulations Oct. 19, including details about its export licensing system, how Beijing will verify end-users of export-controlled items, how the rules may apply outside the country, and a method for adding restricted foreign importers, end-users and others who violate Chinese export controls to a new “control list.”
The Bureau of Industry and Security will soon remove Sandvine Inc., a Canada-headquartered technology software company, from the Entity List after BIS said it took “significant steps” to improve its compliance controls and stop its technology from being used for human rights breaches.
Canada is studying several policy and legislative options to strengthen its forced labor enforcement, including one that could establish new import traceability requirements for certain goods and another that could require importers to pay all fees associated with imports detained for forced labor.