A seven-year reauthorization for the Export-Import Bank of the U.S. will be included in the must-pass government spending package for 2020, according to a Dec. 16 press release from Rep. Maxine Waters, D-Calif. Waters said she is “pleased” that the appropriations package includes the Ex-Im bank authorization, which will “benefit American workers, small businesses, and communities throughout the country.” House members and trade experts have advocated for the long term reauthorization of the bank (see 1906060053).
The Craft Beverage Modernization Act, which covers beer, wine and spirits, will remain in effect through 2020, instead of expiring at the end of this year. Senate Finance Committee Chairman Chuck Grassley, R-Iowa, said that the CBMA made it into a tax extenders package that was negotiated after midnight on Dec. 17. The provision allows importers and exporters a refund on alcohol excise taxes.
The Government Accountability Office and the Department of Homeland Security Inspector General each released a report on Dec. 17 that noted various issues within CBP's drawback program. The GAO's report suggested that CBP work to flag excessive export submissions and “establish a reliable system of record for proof of export,” among other things. The DHS IG report found that CBP “lacked appropriate documentation retention periods to ensure importers and claimants maintained support for drawback transactions” and didn't scrutinize prior drawback claims enough for claimants during 2011 to 2018.
The United Kingdom's Office of Financial Sanctions Implementation released a Dec. 17 guidance on determining whether a sanctioned entity is involved in a transaction. The guidance contains links to OFSI’s consolidated list and describes difficulties that may rise when screening certain companies, including complicated ownership stakes and the use of shell companies. The guidance details a case study involving the Libya African Investment Portfolio and the Libyan Investment Authority, two sanctioned entities with hotel subsidiaries that may avoid screening detection. The guidance also offers advice for steps to take after discovering a sanctioned entity in a transaction.
The State Department issued a Dec. 16 sanctions advisory about exports of graphite electrodes and needle coke to Iran, saying those materials subject exporters to “significant sanctions risk.” Both materials are “essential” to Iran’s steel industry, the State Department said, which is sanctioned by the U.S. Sanctions extend to producers and exporters of the materials along with “port operators, shippers, shipping companies, and vessel operators and owners,” who may be subject to blocking sanctions, even if the intended end-user is not in Iran’s steel sector.
China and Russia proposed a draft resolution to the United Nations Security Council to ease sanctions on North Korea, a spokesman for China’s Foreign Ministry said at a Dec. 17 press conference. China said it wants to denuclearize the Korean peninsula through continued negotiations between the U.S. and North Korea, which should result in the removal of sanctions. “Some sanctions should be lifted in light of [North Korea’s] compliance with relevant resolutions,” the spokesman said. “China hopes the Security Council members will … support the draft resolution proposed by China and Russia and jointly work for political settlement of the Peninsula issue.” Along with lifting sanctions, the proposal submitted by China and Russia calls for the removal of a ban on North Korean exports of statues, seafood and textiles, according to a Dec. 17 report from Reuters.
The Commerce Department Bureau of Industry and Security's upcoming proposed rules on emerging technologies will be narrow, impacting only specific slices of technologies, according to a Dec. 17 Reuters report. Commerce is finalizing proposed rules on quantum diluted refrigerators, a rule regulating 3D printing for explosives, “Gate-All-Around Field Effect transistor technology” (GAAFET) and two rules restricting sales of chemicals used to make Russian nerve agent Novichok and “single-use chambers for chemical reactions,” Reuters said. A Commerce rule for GAAFET is in the proposed rule stage, according to a recent Office of Information and Regulatory Affairs notice. A top Commerce official recently pinpointed six categories in which the agency plans to propose the rules (see 1912160032), and BIS officials have said for months the rules will be narrow (see 1912160006, 1911200045 and 1906280057).
Export Compliance Daily is providing readers with some of the top stories for Dec. 9-13 in case you missed them.
The House Ways and Means Committee, with near-unanimity, recommended the U.S.-Mexico-Canada Agreement go to the floor. A vote on the replacement for NAFTA is expected on Dec. 19. For about three hours, Democrats and Republicans praised the rewrite of North America's free trade pact, though many Republicans complained that it took a year to get the opportunity to vote for it.
The Treasury’s Office of Foreign Assets Control is expected to increase enforcement of its 50 percent rule, placing more of a burden on companies to determine whether they are indirectly dealing with a sanctioned party, said Joshua Shrager, a former Treasury official and a senior specialist with Kharon, a sanctions advisory firm. While the 50 percent rule -- which bans transactions with a company owned 50 percent or more by a sanctioned party -- is growing increasingly complicated due to a rise in U.S. sanctions, OFAC’s compliance expectations are rising too, Shrager said.