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.
Britain's Office of Financial Sanctions Implementation issued two reports on Sept. 5 on the country’s asset-freezing regime. The first report covers U.K. sanctions from January through March and the second report covers sanctions from April through June. The reports include the total value of assets that were frozen during the two quarters as well as statistics on new designations, delistings and licenses.
Britain's Office of Financial Sanctions Implementation on Sept. 5 issued a guidance on complying with frozen-assets reporting. The guidance includes information on how people or companies should report sanctioned property and how companies should conduct “ongoing compliance” to ensure they’re not violating sanctions laws.
Export Compliance Daily is providing readers with some of the top stories for Sept. 3-6 in case they were missed.
President Donald Trump issued an executive order Sept. 10 that “strengthens and expands” the State and Treasury departments' sanctions authorities against terrorists, the Treasury's Office of Foreign Assets Control said in a notice. Among several changes, the order allows the U.S. to impose “correspondent account or payable-through account sanctions” on foreign banks that “knowingly conducted or facilitated any significant transaction” for a U.S. sanctioned global terrorist, OFAC said.
The Commerce Department Bureau of Industry and Security issued two sets of Frequently Asked Questions involving Huawei and the extension of its temporary general license, including information on what changes came with the extended license, which transactions are covered and more. But the agency did not say whether it planned to again renew the temporary general license when it expires Nov. 18. “Any decision to renew the Temporary General License will be made at the sole discretion of the U.S. Government,” BIS said.
Britain's Export Control Joint Unit published a Sept. 6 guidance on export controls for military goods, software and technology, covering when exporters need a license, which items are controlled and more. The guidance also includes contact information for an ECJU helpline to call for questions about export licensing.
South Korea is planning to officially remove Japan from its list of trusted trading partners next week, according to a Sept. 9 report from Yonhap News Agency. A South Korean trade official told reporters the country plans to make the announcement next week “after going through reviews,” according to the report. South Korea recently criticized Japan’s August decision to increase export controls on South Korea, calling for an “immediate withdrawal” of the restrictions (see 1908290045).
The Treasury’s Office of Foreign Assets Control issued a general license authorizing certain transactions with Venezuela and amended a Venezuela-related Frequently Asked Question, OFAC said in a Sept. 9 notice. General License No. 34 allows certain transactions with Venezuelan government officials if they are U.S. citizens, residents, have U.S. visas or are former Venezuelan government employees. The FAQ, number 680, is amended to address GL 34 implications and deals with which transactions with Venezuelan government employees are blocked.
The U.S. trade representative and India's Commerce and Industry Minister Piyush Goyal have been talking on the phone, with the goal of trading a return to the Generalized System of Preferences benefits program for better agricultural access, according to two sources following the trade talks. The original industry complaints about market access filed with USTR, requesting that India be expelled from GSP privileges were from the medical device industry and from the dairy industry. A lawyer following the trade talks said that "there's talk -- and this is still a very contentious issue" -- that the pricing controls on medical devices, such as stents, would be changed in India.