Nynas AB, a joint venture between biofuel producer Neste and Petroleos de Venezuela, S.A., is no longer designated by the Treasury Department after a “corporate restructuring” by the company, Nynas said May 12. The company’s restructuring “severs control by blocked persons and reduces the interest of blocked persons below 50 percent,” the Treasury’s Office of Foreign Assets Control said in a May 12 notice in which it announced it was revoking a general license for Nynas (see 2005120028). OFAC clarified that U.S. companies and people no longer need an authorization to deal with Nynas “provided such activities do not involve blocked persons.”
The Treasury’s Office of Foreign Assets Control revoked Venezuela General License 13E, which authorized certain transactions involving Nynas AB, a joint venture between biofuel producer Neste and Petroleos de Venezuela, according to a May 12 notice. The license was scheduled to expire May 14 (see 2004030043). OFAC also updated General Licenses 3H and 9G to remove references to Nynas AB. The agency also made “conforming technical updates” to two frequently asked questions to reflect the revocation of the license.
The Treasury Department fined a Kansas animal nutrition company more than $250,000 for illegally exporting agricultural goods to Cuba, which violated U.S. sanctions, according to a May 6 notice. The company, BIOMIN America, completed 30 illegal sales to Cuba between 2012 and 2017 and did not have a sanctions compliance program, the Treasury's Office of Foreign Assets Control said. If BIOMIN had consulted with OFAC before the sales took place, the company may have received a license, the agency said.
The United Kingdom’s Department for International Trade updated its import controls guidance with a new open general license and an explanatory note on its use and a notice to importers, according to an April 28 notice. The license “permits the importation of all goods into the United Kingdom, subject to the various exceptions it sets out,” the U.K. said, including restrictions on imports of certain toxic chemicals, nuclear materials, “prohibited munitions” and more.
The Commerce Department has drafted a regulation that will address the ability of U.S. companies to participate in 5G standards setting bodies involving Huawei, a top Commerce official said. The rule is still being discussed within Commerce and has not yet been cleared for interagency review, Matt Borman, Commerce’s deputy assistant secretary for export administration, said during an April 29 Information Systems Technical Advisory Committee meeting.
The Treasury’s Office of Foreign Assets Control renewed a general license that authorizes transactions between certain companies and Petroleos de Venezuela, S.A., OFAC said April 21. General License No. 8F, which replaces No. 8E, authorizes transactions between PdVSA and Chevron Corp., Haliburton, Schlumberger, Baker Hughes and Weatherford International, with certain restrictions, through 12:01 a.m. Dec. 1, 2020. The license was scheduled to expire April 22.
The Treasury's Office of Foreign Assets Control has been quickly addressing humanitarian licensing issues from industry but could be doing more to encourage the flow of aid to Iran, a former OFAC official and a sanctions lawyer said. OFAC has been rightly criticized for not doing enough to eliminate industry fears of sanctions, said Brian O’Toole, a former senior adviser to the OFAC director, adding that the government should rethink restrictions surrounding humanitarian trade. And although OFAC issued a guidance (see 2004160039) encouraging banks to process humanitarian-related transactions involving Iran, banks continue to seek more assurances, lawyer Kerry Contini said.
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 Nuclear Regulatory Commission is suspending the general license authority for exports of “byproduct material” to Pakistan, the NRC said in a notice. Exporters are no longer authorized to ship those materials to Pakistan without a specific license, the commission said. The new restrictions are “necessary to enhance the common defense” and security of the U.S., the notice said. The suspension will “remain in effect until further notice.”
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.