The Bureau of Industry and Security is extending the public comment period for an information collection related to “miscellaneous licensing responsibilities and enforcement” (see 2211090013). The collection describes 10 miscellaneous activities associated with exporting controlled goods, including the exchanging of documents among parties in a transaction to “ensure that each party understands its obligations under U.S. law,” BIS said. Other activities involve writing export control statements on shipping documents or reporting “unforeseen changes in shipping and disposition of exported commodities.” The BIS Office of Export Enforcement and CBP need these activities to document export transactions, enforce export regulations and protect U.S. national security, BIS said. The agency is allowing for an additional 30 days of public comments. Comments had been due Jan. 9.
Hapag-Lloyd America said the Federal Maritime Commission should dismiss a complaint that alleged the company violated U.S. shipping regulations (see 2212280026), saying the FMC “lacks personal jurisdiction” in the matter. Hapag said Jan. 17 that Wisconsin-based logistics company M.E. Dey “incorrectly” asserted that Hapag is an ocean common carrier -- the company said it doesn’t meet the definition of a carrier.
The State Department Jan. 10 completed an interagency review of a final rule to further reorganize the International Traffic in Arms Regulations. The rule, first sent for review in November, would reorganize ITAR part 120 to consolidate all definitions into one part and “organize the definitions in a manner that enhances their clarity and ease of use,” the agency said. The agency's Directorate of Defense Trade Controls in March issued the first in a series of rules expected to reorganize the ITAR (see 2203220013).
The State Department is seeking public comments on an information collection involving disclosures of Arms Export Control Act violations. Comments are due March 14.
The Biden administration is leaning toward narrowing an expected future executive order on screening outbound investments (see 2212270030) to focus on quantum computing, artificial intelligence and semiconductors, Axios reported Jan. 12. Although the final language hasn’t been approved, officials are considering omitting certain critical technology sectors in the order, including biotechnology and battery technology, the report said. The order may still be “several months away,” the report said, adding that the U.S. is unlikely to issue the order before Secretary of State Antony Blinken’s visit to China next month. The administration is currently soliciting feedback and input from lawmakers, subject matter experts, trading partners, think tanks, the financial services sector and others, the report said. The White House didn't comment.
A new German strategy toward China could lead to more strict scrutiny of Chinese-related investments, Cleary Gottlieb said in a Jan. 9 client alert. The strategy, which hasn’t yet been released, is expected to “focus on decoupling Germany’s economy from China,” including in critical supply chains and key technologies, the firm said, and could lead to an outbound investment screening tool in certain “security-critical areas abroad.” Even if the country’s foreign direct investment regulations are “unchanged” by the strategy, it likely still will have some impact on the country’s investment screening decisions and could lead to more “strict scrutiny of foreign direct investments from or into China,” the firm said.
Foreign companies in the critical minerals sector should expect to see increased investment review scrutiny among the U.S. government and its allies, Holland & Knight said in a January client alert. The firm pointed to the Biden administration’s September executive order outlining priorities for the Committee on Foreign Investment in the U.S. (see 2209150053) -- as well as “enhanced” review policies by Australia and Canada -- as signs that critical mineral supply chains are receiving extra government attention.
The State, Commerce and Defense departments are planning virtual seminars on U.S. export controls for the government, industry and academic communities in Australia, Canada and the U.K. The seminars, which will be open to the public, will cover “topics related” to the Export Administration Regulations, International Traffic in Arms Regulations and the Foreign Military Sales program, and will be “specifically tailored” to industry and government officials located in the three U.S. trading partners. Because of time zone differences, the seminar for Canada and the U.K. will be held Jan. 23-26, and the Australia seminar, Feb. 6-8 (Feb. 7-9, Canberra time). Registration requests should be sent to DDTCRSVP@state.gov.
Major ocean carrier MSC denied allegations that its demurrage practices violated U.S. shipping regulations, saying a December complaint from U.S. metal trader CCMA lacks “meritorious factual basis.” MSC asked the Federal Maritime Commission to dismiss the complaint.
U.S. agricultural exports to China hit record highs during FY 2022, surpassing the previous year’s record with more than $36.4 billion worth of shipments, USDA’s Foreign Agricultural Service said Jan. 6. USDA said higher prices for agricultural goods and “resilient demand” helped increase exports “despite lower volumes for most products.”