Brian Feito

The U.S. Nuclear Regulatory Commission has issued a final rule, effective February 27, 2012, amending its export and import regulations (10 CFR Part 110) by removing Oman from the list of restricted destinations. This action was recommended by the Executive Branch in light of current foreign policy and nonproliferation-related actions taken and policies pursued by the Government of Oman. This means that exports of certain nuclear and byproduct materials to Oman may qualify for the NRC general license. At present, Oman has no nuclear research or power program; however, it does have the need for radioactive sources for legitimate industrial, medical, and research purposes in support of economic development projects. NRC states that exports of radioactive sources from the U.S. for such purposes would be facilitated by removal of Oman from the restricted destinations list.

The Office of Foreign Assets Control has issued General License No. 5a under the Weapons of Mass Destruction Proliferators Sanctions Regulations (31 CFR 544), Iranian Transactions Regulations (31 CFR 560), and Executive Order 13599 on "Blocking Property of the Government of Iran and Iranian Financial Institutions," to authorize certain transactions related to the arrest in Mundra, India, detention, and judicial sale of the MV Dianthe, a vessel on OFAC’s Specially Designated Nationals and Blocked Persons list. Such transactions include, but are not limited to: (i) bidding on the purchase of the vessels; (ii) paying deposits; (iii) providing financing, insurance, or funding in connection with the purchase; (iv) repairing or modifying the Vessel for commercial use; etc. This authorization expires on November 30, 2012.

On February 23, 2012, the President sent a letter to Congress announcing that the national emergency declared with respect to Cuba and the emergency authority relating to the regulation of the anchorage and movement of vessels set out in Proclamation 6867 as amended by Proclamation 7757, is to continue in effect beyond March 1, 2012.

The Bureau of Industry and Security has issued a final rule, effective February 22, 2012, updating the Code of Federal Regulations legal authority citations for the Export Administration Regulations to replace citations to the President’s Notice of January 13, 2011 (Continuation of the National Emergency with Respect to Terrorists Who Threaten to Disrupt the Middle East Peace Process) with citations to the President’s Notice of January 19, 2012 continuation (of the same name), and add citations to the President’s Notice of September 21, 2011 (Continuation of the National Emergency With Respect to Persons Who Commit, Threaten to Commit, or Support Terrorism).

The International Trade Administration has initiated an administrative reviews for certain firms subject to antidumping or countervailing duty orders with January anniversary dates. The ITA intends to issue the final results of these reviews not later than January 31, 2013.

The International Trade Commission has made a determination in its five year sunset review of the antidumping and countervailing duty orders on fresh and chilled Atlantic salmon from Norway, concluding that revoking this order would not be likely to lead to a continuation or recurrence of material injury within a reasonable foreseeable time. As a result of this ITC negative determination, the International Trade Administration will publish a notice revoking these orders.

The Food and Drug Administration has stated that it is not aware of any brand of infant formula containing organic brown rice syrup (OBRS), although one brand of toddler formula uses OBRS as a sweetener. The label for this product, however, states that it is for use in children older than 12 months, and also warns that a health care professional should be consulted before using it for infants under 12 months of age. FDA's statement was made due to concerns of trace amounts of arsenic in foods. In response to these concerns, FDA has expanded its surveillance activities in rice. FDA began a further study of arsenic in rice and rice products in October 2011 to determine the level and types of arsenic typically found in these products. According to the FDA, the study is scheduled to be complete in Spring 2012.

The Office of Foreign Assets Control has issued General License No. 15, related to Syria, to authorize transactions in connection with intellectual property rights protection that would otherwise be prohibited by Executive Order 13582 of August 17, 2011 (Blocking Property of the Government of Syria and Prohibiting Certain Transactions With Respect to Syria). Specifically, the General License authorizes (1) the filing and prosecution of any application for, (2) the receipt of, (3) the renewal or maintenance of, (4) and the filing and prosecution of (or entry of defense to) any opposition or infringement proceeding with respect to: any patent, trademark, copyright, or other form of intellectual property protection in the United States or Syria.

Senate Finance Committee Chairman Max Baucus (D-MT) traveled to Russia during February 17-21, 2012 to meet with senior government officials and discuss economic, trade, and foreign affairs issues, including Russia’s impending WTO accession, and to pursue new trade opportunities for U.S. businesses, ranchers and farmers. According to his office, Baucus, along with his fellow trade leaders in Congress, has insisted on holding Russia to a high standard through the WTO accession process to guarantee that American ranchers, farmers, workers, and businesses benefit. WTO members formally invited Russia to join the WTO in December 2011.

In remarks at the Global Food Safety Conference in Orlando, FL on February 16, 2012, Food and Drug Administration Deputy Commissioner for Foods Michael R. Taylor stated that the FDA will soon be publishing several proposed rules to implement parts of the Food Safety Modernization Act (FSMA). The five highest priority rules will relate to third-party certification, foreign supplier verification, preventative controls at human food and animal feed production facilities, and produce safety. Taylor stated that the FDA hopes to publish the third-party certification proposed rule in March.