The Federal Emergency Management Agency plans to issue export control decisions for most shipments of controlled medical equipment within two days, but some shipments may take as long as four days, a FEMA spokesperson said April 21. Some law firms have advised medical equipment exporters to expect delays at ports across the country as FEMA makes those determinations, which involves a review of “letters of attestation” from exporters, who must certify that they qualify for one of several exemptions FEMA issued this week (see 2004200019).
The United Kingdom’s Export Control Joint Unit updated its guidance for export controls of dual-use items, software, technology and goods used for torture, and “radioactive sources,” according to an April 16 notice. The notice now includes updated contact information for traders during the COVID-19 pandemic, the notice said. The guide contains an overview of export controls for those items, how traders can apply for licenses, restrictions on licenses and penalties for violations.
The Treasury Department disputed a report that said South Korea obtained a “special license” to export humanitarian goods to Iran (see 2004170026), saying the country may be using an existing general license but did not receive an additional exemption. The Office of Foreign Assets Control “has not issued a ‘special license’ to the Koreans,” a Treasury spokesperson said. OFAC’s Iran sanctions regime contains “broad exemptions” for humanitarian exports, which may make some South Korean exports “permissible,” the spokesperson said.
The Treasury’s Office of Foreign Assets Control is encouraging industry impacted by the COVID-19 pandemic to reach out to OFAC if the agency's regulations are delaying industry's ability to “meet deadlines,” OFAC said in an April 20 notice. This includes industry’s ability to file blocking and reject reports (see 2002200057), responses to administrative subpoenas, reports required by general or specific licenses or “any other required reports or submissions.” OFAC also asked industry to submit self-disclosures to OFACdisclosures@treasury.gov instead of physical submissions.
The Federal Emergency Management Agency set 10 exemptions for exports of personal protective equipment (see 2004080018) and formally announced exceptions for shipments to Canada, Mexico and U.S territories, in a notice filed April 17. FEMA also announced exemptions for certain shipments containing controlled PPE, shipments traveling through the U.S. involving a foreign shipper and consignee, exports to military bases and more. The new exemptions were announced less than two weeks after a leaked CBP memo detailed some of the measures (see 2004160050).
The United Kingdom’s Department for International Trade updated its guidance for export controls of military goods, software and technology, according to an April 16 notice. The guidance now includes updated government contact information for use during the COVID-19 pandemic.
Canada will restart its reviews of applications for permits to export controlled goods to Turkey, Global Affairs Canada said in an April 16 notice. Canada stopped issuing new permits on Oct. 11, 2019. “in response to Turkey’s military incursion into Syria,” it said. Permit applications will now be “reviewed on a case-by-case basis under Canada’s risk assessment framework,” it said. “However, applications to export Group 2 items (i.e., military items) will be presumptively denied. These applications will be reviewed on a case-by-case basis to determine whether exceptional circumstances exist to justify issuing the permit, including in relation to NATO cooperation programs.” Exporters who had permits to export to Turkey before Oct. 11, 2019, may now restart exporting under the terms of those permits, it said.
The U.S. has asked China to amend its increased export control inspections that are causing delays of medical supply shipments (see 2004160035, 2004150034 and 2004130014), according to a State Department spokesperson. “We appreciate the efforts to ensure quality control. But we do not want this to serve as an obstacle for the timely export of important supplies,” the spokesperson said in an April 17 statement. The spokesperson added that the U.S. has “raised these concerns” with China and requested that it “revise its new requirements to allow the expeditious export of vital [personal protective equipment] to the United States.” The U.S. is working “closely” with U.S. companies exporting medical supplies from China to help them “understand the new regulations and raise concerns about held-up shipments,” the spokesperson said. The request was first reported by Reuters.
The United Kingdom’s Office of Financial Sanctions Implementation corrected several entries in its Iran (human rights) sanctions regime, according to an April 17 notice. The notice corrected entries for Mohammad Hosseini, Ali Ashraf Rashidi Aghdam, Hossein Taeb and the Iranian Cyber Police. All four entries are still subject to an asset freeze.
Despite calls from industry and lawmakers, the Treasury Department does not plan to introduce new authorizations for humanitarian exports to Iran, said Andrea Gacki, director of the Office of Foreign Assets Control. Gacki said OFAC’s current general licenses are sufficient, adding that the agency has not received many license applications to export medical goods that are not already covered by an existing exemption.