The Office of Information and Regulatory Affairs completed a review Oct. 22 of a Bureau of Industry and Security final rule related to its “national security license application review policy” for China, Russia and Venezuela. OIRA received the rule Sept. 17 (see 2009180012).
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:
Ten people were charged for their alleged involvement in a $50 million Russian smuggling scheme, which included illegally exported electronics and violations of export filing requirements, the Justice Department said Oct. 19. The U.S. arrested eight people -- Akmal Asadov, Sayuz Daibagya, Anton Perevoznikov, Shohruh Saidov, Marat Shadkhin, Kirill Sokhonchuk, Zokir Iskanderov and Azamat Bobomurodov -- while two others remain at large.
If elected, Joe Biden will likely continue the U.S.’s strict export control and sanctions policy against China, Venezuela and Russia but may reverse U.S. sanctions against Iran, said Johann Strauss, a trade lawyer with Akin Gump. Biden would also approach trade restrictions more multilaterally as opposed to Trump’s tendency to pursue unilateral restrictions, Strauss said.
The White House released a national strategy for critical and emerging technologies that it said will better synchronize agency efforts amid technology competition with China. The strategy builds on export control efforts carried out by the Commerce Department, a senior administration official said, and will allow government offices to better align their strategies as the U.S. restricts Chinese access to sensitive U.S. technologies.
The European Union and the United Kingdom sanctioned six Russian Federation officials and one entity for the poisoning of Russian opposition politician Alexei Navalny, they said in Oct. 15 news releases. The sanctions target Andrei Veniaminovich Yarin, Sergei Vladilenovich Kiriyenko, Sergei Ivanovich Menyailo, Aleksandr Vasilievich Bortnikov, Pavel Anatolievich Popov and Aleksei Yurievich Krivoruchko. The sanctions also target Russia’s State Scientific Research Institute for Organic Chemistry and Technology.
The Census Bureau issued a guidance on Oct. 8 on the mandatory filing requirements outlined in the Bureau of Industry and Security's April rule on military-related exports (see 2006250026). Census said it received a “number” of questions on the rule, which increased due diligence requirements for certain exports to China, Russia and Venezuela and requires certain Electronic Export Information filings for some exports captured under the rule (see 2004270027).
Russia recently notified the World Trade Organization of draft revisions for the use of electronic veterinary certificates within the Eurasian Economic Union (EAEU) and foreign trade via G/SPS/N/RUS/196, the U.S. Department of Agriculture said Oct. 6. The measure will allow traders to use veterinary certificates “issued in electronic form” for all “controlled goods” during import, export, transit and transfer within the EAEU. The public comment period in the draft will close Nov. 20, USDA said, but encouraged U.S. companies to share comments with the agency at us.spsenquirypoint@fas.usda.gov by Nov. 6.
The United Kingdom added six entries to its Ukraine-related sanctions and revised 330 entries under its ISIL (Da’esh) and Al-Qaida sanctions regime, the Office of Financial Sanctions Implementation said in Oct. 2 notices.
The State Department announced procurement bans and export controls on 11 entities and one person for violating export restrictions imposed by multilateral control groups. The restrictions, said a notice released Oct. 2, apply to entities in China, Russia, Syria, Iraq, Iran, their subsidiaries and one person in China for illegally trading items restricted by multilateral control groups, including the Wassenaar Arrangement and the Australia Group. The order bans U.S. government procurement and government sales to any of the entities or people involving items on the U.S. Munitions List and controlled under the Arms Export Control Act. It also suspends export licenses for items controlled under the Export Control Reform Act of 2018 and the Export Administration Regulations. The order took effect Sept. 23 and will remain in place for two years. It applies to the following entities:
The Office of Foreign Assets Control issued guidance Oct. 1 on the sanctions risks of facilitating ransomware payments. The guidance urged companies to refrain from facilitating payments “on behalf of victims” of cyberattacks because they encourage future payment demands and may risk sanctions violations.