The power of U.S. sanctions has been “severely weakened” by the Trump administration's failure to follow through on lifting designations and is hampered by a lack of transparency, according to a Dec. 16 report from the Center for a New American Security. The administration can take several steps to maximize the effectiveness of its sanctions regimes, the report said, which will also indirectly “limit the unintentional escalation of international competition.”
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.
The U.S. pork industry expects phase one of the U.S.-China trade deal to be a boon to pork exporters, although the industry has not been told exactly how much they will benefit, the National Pork Producers Council said. “The administration hasn't been sharing the details,” Nick Giordano, the NPPC’s vice president of global government affairs, said during a Dec. 18 call with reporters. “But our understanding is that it’s going to be very good for us.”
The Treasury’s Office of Foreign Assets Control is expected to increase enforcement of its 50 percent rule, placing more of a burden on companies to determine whether they are indirectly dealing with a sanctioned party, said Joshua Shrager, a former Treasury official and a senior specialist with Kharon, a sanctions advisory firm. While the 50 percent rule -- which bans transactions with a company owned 50 percent or more by a sanctioned party -- is growing increasingly complicated due to a rise in U.S. sanctions, OFAC’s compliance expectations are rising too, Shrager said.
The Commerce Department plans to release its first set of proposed controls on emerging technologies in six areas, including the semiconductor and artificial intelligence sectors, a top Commerce official said. The six proposed rules (see 1912130055), which may not be released until early next year, include restrictions on items in the fields of quantum technology, semiconductor design, chemicals, biotechnology, artificial intelligence and possibly 3D printing, said Matt Borman, Commerce’s deputy assistant secretary for export administration. The controls stem from an advance notice of proposed rulemaking published more than a year ago.
A Texas aviation consultant violated U.S. terrorism sanctions when it entered into a contract with Mahan Air, Iran’s sanctioned airline, the Treasury’s Office of Foreign Assets Control said in a Dec. 12 notice. The company, Aero Sky Aircraft Maintenance, was issued a finding of violation by OFAC after it violated U.S. Global Terrorism Sanctions Regulations in 2016 for “dealing in the property and interests in property” of Mahan Air, the notice said. Aero Sky eventually filed for bankruptcy and dissolved, Treasury said. OFAC released details of the violations because they would have “justified a strong civil monetary penalty.”
BOSTON -- The Commerce Department is preparing six initial proposed rules to control exports of emerging technologies and hopes to release at least one before the end of the year, said Karen Nies-Vogel, the director of the Bureau of Industry and Security’s Office of Exporter Services, speaking during a Dec. 13 event hosted by the Massachusetts Export Center. A Commerce official said during a technical advisory committee meeting earlier this month that the agency is working on at least three rules (see 1912100019). While Commerce officials have said the technologies would be published this year (see 1910290062), delays have caused the publication to be pushed back.
BOSTON -- If the Commerce Department follows through on plans to expand the limits of the Export Administration Regulations to further control foreign shipments to Huawei, it will have a “dramatic” impact on international supply chains, said Kevin Wolf, a trade lawyer with Akin Gump and Commerce’s former assistant secretary for export administration. The measures, which Commerce confirmed it was considering earlier this month (see 1912100033), include expanding the Direct Product Rule and broadening the de minimis rule to make more foreign-made goods subject to the EAR.
About a year into the Trump administration's maximum pressure sanctions campaign on Iran, the effort has done nothing to bring Iran to the negotiating table, panelists said during a Dec. 12 Atlantic Council event. U.S. sanctions have instead emboldened a more aggressive Iran, panelists said, which is growing increasingly frustrated with its unwilling European trade partners and will likely continue breaching the terms of the Joint Comprehensive Plan of Action.
U.S. companies are encountering issues when trying to return faulty products to parties on the Entity List, members said during a Dec. 10 Regulations and Procedures Technical Advisory Committee meeting. The problem occurs after companies legally import goods -- which later turn out to be defective -- from an Entity List party, the members said. The goods are not able to be easily exported for return, they said.
The Commerce Department is considering a host of expanded restrictions on foreign shipments to Huawei containing U.S. technology, said Rich Ashooh, Commerce’s assistant secretary for export administration. The agency is discussing expanding the Direct Product Rule -- which subjects certain foreign-made products containing U.S. technology to U.S. regulations -- and a broadened de minimis rule, Ashooh said during a Dec. 10 Regulations and Procedures Technical Advisory Committee meeting. Ashooh’s comments confirmed details in a Nov. 29 Reuters report that said the U.S. was discussing ways to restrict more foreign exports to Huawei (see 1912040014).