Export Compliance Daily is providing readers with some of the top stories for Sept. 9-13 in case they were missed.
The European Union Council on Sept. 16 updated and strengthened its export controls on arms sales and issued an updated guidance on the changes. The updates include a new “searchable online database” of member states’ arms export data, a renewed commitment to “promote the universalisation and effective implementation” of the Arms Trade Treaty and a push for “a broader range of information-sharing” on export controls.
U.S. Chamber of Commerce CEO Tom Donohue said he doesn't believe that the Trump administration will declare victory if Chinese buyers return to buying pork, soybeans and corn. "I don't think it will be an agreement of any type until it's a matter of substance," he said.
A top Treasury Department official criticized Britain's decision to release an Iranian oil tanker and defended the U.S.’s maximum pressure sanctions campaign against Iran, saying the U.S. will not ease Iran sanctions ahead of a potential meeting between the two countries. Gibraltar's decision to release the Iranian oil tanker Adrian Darya 1, previously named Grace 1, was an “expensive mistake,” said Marshall Billingslea, Treasury’s assistant secretary for terrorist financing. Gibraltar seized the ship in July after suspecting it of transporting oil to Syria, but later released the tanker after Iran promised it would not ship oil to Syria, which would violate international sanctions. Despite the promises, the ship delivered oil to Syria (see 1909110042).
The Federal Maritime Commission will look at multiple factors, including cargo accessibility and the transparency of involved terminology, when it considers whether detention or demurrage practices are reasonable, the agency said in a notice it posted ahead of publication in the Federal Register. The proposed interpretive rule is meant to help address issues with detention and demurrage charges and follows a multiyear effort on that front (see 1606130005). Comments are due Oct. 17, the FMC said in a news release.
The new 2020 incoterms include several significant changes that companies should update in their standard contracts, according to a Sept. 10 post from law firm Gowling WLG. The changes include revisions to incoterms related to deliveries of goods, commodity insurance, a clarification of costs between the buyer and seller, cargo transport security and more.
Chinese companies have begun asking about prices of U.S. agricultural goods in response to the U.S.’s two-week postponement of tariffs on Chinese goods, a China Ministry of Commerce spokesperson said.
China released its first batch of tariff exemptions for U.S. goods, which include exemptions for 16 items, according to an unofficial translation of a Ministry of Finance press release. The goods will be excluded from China’s first round of retaliatory tariffs in response to U.S. Section 301 tariffs. The exemptions will take effect Sept. 17 and last until Sept. 16, 2020, China said, adding that it plans to publish more exemptions in “due course.”
The Commerce Department asked a federal court to dismiss a lawsuit filed by FedEx that said Commerce’s export controls are unconstitutional and impossible to comply with, according to a motion filed Sept. 10. Commerce raised several issues with FedEx’s suit (see 1906250030), saying the company did not “allege a plausible violation” of the Export Control Reform Act, and argued that FedEx failed to provide evidence for many of its points. “Even if these standards were judicially enforceable, FedEx’s allegations are conclusory,” Commerce said.
A bipartisan group of senators is concerned that U.S. export controls are not strict enough to stop sensitive technologies from being sent to China and asked the administration to review the controls. In a Sept. 10 letter to Secretary of State Mike Pompeo and Commerce Secretary Wilbur Ross, four senators suggested that China may be using Hong Kong to “steal or otherwise acquire” critical technologies such as artificial intelligence, mass surveillance tools and advanced robotics.