The Directorate of Defense Trade Controls announced a series of compliance, licensing and management measures to mitigate the impact of the COVID-19 pandemic response measures on industry, the DDTC said in an April 23 notice. The measures include temporary suspensions on certain registration renewal requirements, temporary reductions of certain registration fees and measures to allow companies to work remotely.
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.
Export controls and trade restrictions are becoming an increasing part of U.S.-China competition despite little clarity about whether they will work in the long term, trade experts said. The measures also seem to lack a clear focus within both the U.S. government and China, with officials disagreeing on how best to impose restrictions, the experts said.
The Commerce Department’s unclear rollout of an export control on geospatial imagery software is causing industry confusion and could lead to broad, unintended impacts on exports of certain artificial intelligence, industry representatives said in interviews. If unchanged, the rule could severely impact a range of companies in the geospatial field, they said, creating the type of broad consequences Commerce officials hoped to avoid (see 1911070014).
The Treasury's Office of Foreign Assets Control has been quickly addressing humanitarian licensing issues from industry but could be doing more to encourage the flow of aid to Iran, a former OFAC official and a sanctions lawyer said. OFAC has been rightly criticized for not doing enough to eliminate industry fears of sanctions, said Brian O’Toole, a former senior adviser to the OFAC director, adding that the government should rethink restrictions surrounding humanitarian trade. And although OFAC issued a guidance (see 2004160039) encouraging banks to process humanitarian-related transactions involving Iran, banks continue to seek more assurances, lawyer Kerry Contini said.
The Federal Emergency Management Agency plans to issue export control decisions for most shipments of controlled medical equipment within two days, but some shipments may take as long as four days, a FEMA spokesperson said April 21. Some law firms have advised medical equipment exporters to expect delays at ports across the country as FEMA makes those determinations, which involves a review of “letters of attestation” from exporters, who must certify that they qualify for one of several exemptions FEMA issued this week (see 2004200019).
The Federal Emergency Management Agency set 10 exemptions for exports of personal protective equipment (see 2004080018) and formally announced exceptions for shipments to Canada, Mexico and U.S territories, in a notice filed April 17. FEMA also announced exemptions for certain shipments containing controlled PPE, shipments traveling through the U.S. involving a foreign shipper and consignee, exports to military bases and more. The new exemptions were announced less than two weeks after a leaked CBP memo detailed some of the measures (see 2004160050).
Despite calls from industry and lawmakers, the Treasury Department does not plan to introduce new authorizations for humanitarian exports to Iran, said Andrea Gacki, director of the Office of Foreign Assets Control. Gacki said OFAC’s current general licenses are sufficient, adding that the agency has not received many license applications to export medical goods that are not already covered by an existing exemption.
Governments should suspend certain licensing requirements, expedite customs clearances and provide relief from customs penalties during the COVID-19 pandemic, the World Customs Organization's Private Sector Consultative Group said in comments released April 16. Such measures should be adopted by countries across the globe to provide relief for the struggling trade community and to help trade continue to flow, the PSCG said.
The world could soon see increased export restrictions on food supplies due to the COVID-19 pandemic, said Simon Evenett, a trade and economics professor at the University of St. Gallen in Switzerland. Although export restrictions so far have been mostly limited to medical supplies, the upcoming harvesting season in Western Europe and the U.S. could be impacted because of a lack of labor due to coronavirus-related travel restrictions, Evenett said. This could lead to protectionist-style policies regarding food as well as medicine.
The Treasury’s Office of Foreign Assets Control issued an April 16 guidance clarifying available humanitarian trade exemptions for U.S. sanctions regimes that target Iran, Venezuela, North Korea, Syria, Cuba and Ukraine/Russia. The guidance outlines the specific exemptions available for personal protective equipment and stresses that the U.S. will not target legitimate humanitarian trade to sanctioned countries. The guidance comes amid calls from current and former lawmakers and trade experts for more clarity surrounding OFAC humanitarian waivers (see 2004100044, 2004070028 and 2004010019), which has caused confusion among industry (see 2004140027).