A top Pentagon official said the U.S. needs to loosen export controls on certain defense items, adding that U.S. companies are losing customers to countries with less-strict export regulations. Ellen Lord, the Defense Department’s undersecretary for acquisition and sustainment, said she hopes to work with the Commerce, Treasury and State departments to rethink the administration’s export control strategy by year-end.
Russia export controls and sanctions
The use of export controls and sanctions on Russia has surged since the country's invasion of Crimea in 2014, and especially its invasion of Ukraine in in February 2022. Similar export controls and sanctions have been imposed by U.S. allies, including the EU, U.K. and Japan. The following is a listing of recent articles in Export Compliance Daily on export controls and sanctions imposed on Russia:
The U.S. Embassy in Libya threatened sanctions against people, governments and entities causing violence in Libya and disrupting the country’s economy. In a July 12 statement, the embassy said “foreign-backed efforts against Libya’s economic and financial sectors” have affected the country’s National Oil Corporation and “heightened the risk of confrontation.” The embassy specifically mentioned attacks by Wagner mercenaries -- controlled by the U.S.-sanctioned, Russia-based PMC Wagner -- against NOC facilities. “Those who undermine Libya’s economy and cling to military escalation will face isolation and risk of sanctions,” the embassy said.
The U.S. authorized new sanctions against Russia’s Nord Stream 2 and other Russian pipelines (see 1912190075), clearing the way for designations of people and entities associated with Russian gas projects, Secretary of State Mike Pompeo said. Those involved with the project may now be subject to sanctions under the Countering America’s Adversaries Through Sanctions Act, Pompeo said during a July 15 news conference.
The Office of Foreign Assets Control sanctioned three people and five entities involved in helping a Russian financier evade U.S. sanctions, OFAC said in a July 15 press release. The sanctions target Russia-based M Invest, its subsidiary Meroe Gold and two M Invest officials: Andrei Mandel and Mikhail Potepkin. OFAC also targeted Hong Kong-based Shine Dragon Group Limited, Shen Yang Jing Cheng Machinery Imp & Exp. Co., Zhe Jiang Jiayi Small Commodities Trade Company Limited and Shine Dragon Group director Igor Lavrenkov.
Companies affected by the Bureau of Industry and Security's recent rule on military-related exports (see 2004270027) were frustrated by the lack of a comment period before the rule was finalized and BIS’s decision not to postpone the effective date, industry officials said in interviews. Some officials said they were disappointed the new requirements were not first issued as a proposed rule, adding that smaller businesses with fewer compliance department employees have struggled to adjust.
Russia will retaliate after the United Kingdom sanctioned 25 Russian nationals earlier this week (see 2007060025), Reuters reported July 7. A Kremlin spokesperson said it “can only regret such unfriendly steps” by the U.K., and added that “some kind of retaliatory response will apply to the extent that it suits the interests of the Russian Federation,” Reuters reported.
Industry should expect the Bureau of Industry and Security to dedicate significant resources to enforcing its new export restrictions on shipments to military end-users and end-uses, export control experts said. Although the rule (see 2004270027), which took effect June 29, increased license restrictions for shipments to China, Russia and Venezuela, companies should expect increased enforcement and monitoring specifically for exports to China as the Trump administration hardens its stance on countering China’s civil-military fusion efforts, the experts said.
The European Council renewed sectoral sanctions against Russia for six months until Jan. 31, 2021, the council said June 29. The sanctions limit Russian banks’ access to the European Union market, block trade in defense and dual-use goods, and restrict the sale to Russia of sensitive technologies that can be used in its energy sector. The restrictions were originally introduced in 2014 in response to Russia’s actions to destabilize Ukraine.
The Bureau of Industry and Security stressed the importance of increased due diligence measures in a guidance (see 2004280052) on its new export licensing restrictions for military-related exports, saying industry must be careful to avoid shipping goods to entities with any nexus to the Chinese military. The newly issued guidance touches on due diligence best practices and addresses shipments to distributors and universities but does little to address the “unmanageable” compliance burdens industry said the rule will cause (see 2006150031, 2006180035 and 2005050035). BIS also did not grant a request by at least 20 industry groups to delay the rule’s effective date (see 2006150031). The rule took effect June 29.
The Bureau of Industry and Security postponed the effective date for certain filing requirements outlined in an April rule on military-related exports (see 2004270027). The agency said this week it will not require Electronic Export Information filings for some exports captured under the rule until Sept. 27 -- a three-month extension from the original June 29 effective date. Other EEI filing requirements described under the rule take effect June 29.