The Treasury’s Office of Foreign Assets Control sanctioned two Venezuelan government officials for fraud and corruption, Treasury said in a June 27 press release. OFAC is sanctioning Luis Alfredo Motta Dominguez, former minister of Electric Power and former president of the National Electric Corporation (CORPOELEC), and Eustiquio Jose Lugo Gomez, the deputy minister of Finance, Investments, and Strategic Alliances for the Ministry of Electric Power.

The advent of data privacy laws, such as Europe's General Data Protection Regulation, creates a "potential tension" with trade sanctions compliance, said Ramsey Kazem of Spark Compliance Consulting while at the American Association of Exporters and Importers Annual Conference on June 27. GDPR and other laws in various stages of implementation in U.S. states "tend to be very protective and restrictive on how you use personal data," he said. This may often conflict with sanctions laws, which require companies to do "more with the personal data that they possess in terms of screening their third-parties, screening their business partners, screening their customers," Kazem said. "So it's not difficult to see how the GDPR" and other data privacy restrictions "could conflict with, for example, U.S. sanctions laws." Further complicating the issue for companies is that "neither the U.S. nor the EU recognize the other's laws as a legitimate basis" for not complying, he said. Companies will therefore need to examine the potential risks created by such a conflict, Kazem said. "In some instances there may not be an easy answer and a company may be forced to choose between the lesser of two evils." As a result, data privacy considerations "must be at the table" while a company is developing a sanctions law compliance program, Kazem said.

Commerce’s Bureau of Industry and Security is looking to make more use of the enforcement authorities it was granted under the Export Control Reform Act of 2018, including more undercover operations, wiretapping and investigations, said Adrienne Frazier, a lawyer for BIS. Speaking on a panel during the American Association of Exporters and Importers Annual Conference in Washington on June 27, Frazier said BIS previously had the ability to conduct investigations in coordination with federal law enforcement. But ECRA gave BIS more individual authorities and investigative abilities, she said. “I think that those are going to be things the agency looks to do more of. It’s something that I think the agency is keen to do.”

Trade lawyers talking about changes to NAFTA's rule of origin said they're fairly optimistic the trade deal rewrite will be ratified in Congress in 2019. But aside from the auto sector, which has a multiyear transition period, they're concerned that by the time ratification comes, there won't be time for importers and exporters to adjust by Jan. 1, 2020, when the replacement agreement is supposed to be in force.

A California man was recently arrested for illegally exporting cesium atomic clocks to Hong Kong without obtaining the required Bureau of Industry and Security License, the Massachusetts U.S. Attorney’s Office said in a June 27 press release. Alex Yun Cheong Yue allegedly bought the clock from a U.S. reseller by misrepresenting its end-use, and was attempting to buy another clock when the reseller requested to tour Yue’s non-existent California facility to verify the end-use, causing Yue to abort his plans to export a second clock.

There is significant tension and disagreement between the Defense and Commerce departments about the reach of U.S. export controls, said Jamie McCormick, a staffer for House Appropriations Committee Republicans, June 27 at the American Association of Exporters and Importers Annual Conference in Washington. McCormick said the confusion surrounding foundational technologies among U.S. industry leaders may stem from the original passage of the Export Control Reform Act of 2018, adding that he believes the executive branch does not agree on a definition for foundational technologies. “I’m not certain that at the time they passed the bill that the executive branch could say with any certainty what they meant by foundational technologies,” McCormick said.

The U.S.-China trade war “is taking its toll, especially on China,” eMarketer reported June 25, cutting its 2019 outlook for China and the U.S. As a result, China won't surpass the U.S. in total retail sales this year, as expected, and won't, based on current conditions, until 2021, when it's forecast to pass the U.S. by $93 billion. EMarketer forecasts China retail sales will hit $5.3 trillion this year, up from $5.1 trillion in 2018 vs. U.S. retail sales of $5.5 trillion this year, up from $5.3 trillion. Slowing auto sales are the main drag on the Chinese economy, it said. The U.S. “is not immune to the effects of retaliatory Chinese tariffs,” the research firm said, cutting its previous outlook for U.S. retail sales growth from 3.2 percent to 3 percent, amounting to $5.47 trillion. By share, the U.S. has 21.9 percent of the global retail market vs. China at 21.1 percent, but China’s e-commerce market -- “by far the largest” globally at $1.93 trillion -- is three times that of the U.S.; that forecast is “largely unchanged.” Despite the slight slowdown this year, it said, U.S. e-commerce sales are expected to exceed 10 percent of total retail sales for the first time, with e-commerce growing 14 percent to $586.9 billion.

The European Union and Vietnam will sign a new free trade agreement June 30 that will eliminate almost all tariffs on goods traded between them, the European Commission said in a June 25 press release. The agreement will also address non-tariff barriers between the two countries, and will include requirements for customs and trade facilitation, as well as labor rights and environmental protection.

In the June 26 edition of the Official Journal of the European Union the following trade-related notices were posted:

Mexico’s Secretariat of Finance and Public Credit recently issued its General Foreign Trade Regulations for 2019. Published in three separate parts in the June 24 Diario Oficial, the new 2019 version includes changes to provisions on suspension of import and export permits, and requires from Dec. 1 that importers transmit value declarations electronically through the Mexican single window, according to a summary of the changes from the Mexican Confederation of Customs Broker Associations (CAAAREM) posted by trade consultancy AJR Comercio. The Mexican agency published Annexes 1-A and 22 to the new regulations the following day. Among new provisions of the annexes are changes to guidelines on how to fill out Mexican import and export declarations (i.e., pedimentos) related to a field for declared value, according to another CAAAREM circular.