The European Union on March 19 published a new regulation governing the recognition of supply chain due diligence schemes for conflict minerals. Under regulations issued in 2017, EU importers of tin, tantalum, tungsten and gold must exercise due diligence beginning in 2021 “to provide transparency and certainty as regards the supply practices of Union importers and of smelters and refiners sourcing from conflict-affected and high-risk areas.” That regulation provides for the recognition of voluntary schemes by the EU that, “when effectively implemented by a Union importer of minerals or metals, enables that importer to comply,” the EU said. The March 19 regulation establishes “methodology and the criteria to be used by the Commission to determine whether a scheme should be granted recognition," and takes effect April 8.

The U.S. and Brazil will initiate a mutual recognition agreement for trusted trader programs between the two countries at the instructions of President Donald Trump and President Jair Bolsonaro of Brazil, the White House said in a March 19 announcement. An MRA "will reduce costs for American and Brazilian companies," it said. Brazil will also "implement a tariff rate quota, allowing for the annual importation of 750 thousand tons of American wheat at zero rate," the White House said. The U.S. will also "expeditiously schedule a technical visit" by the Food Safety and Inspection Service "to audit Brazil’s raw beef inspection system, as soon as it is satisfied with Brazil’s food safety documentation," the White House said. "Commensurate with its status as a global leader, President Bolsonaro agreed that Brazil will begin to forgo special and differential treatment in World Trade Organization negotiations, in line with the United States proposal," the White House said.

Thailand extended the timeline for “full implementation” of the country’s new procedures for alcohol imports by six months, according to a March 18 report by the U.S. Department of Agriculture. The new procedures require a “Certificate of Analysis” for alcohol imports, USDA said, mandating that all importers “submit COA documentation or submit samples for COA testing and receive the results before applying for an import permit.” Under the extension, Thailand’s Excise Department will allow COA documentation to be submitted within 30 days from the date of import, USDA said. The extension expires Sept. 14, 2019.

Richard Luthmann, a Staten Island, New York, lawyer, pleaded guilty to wire fraud conspiracy and extortion on March 18, the Justice Department said in a news release. "Beginning in summer 2015, Luthmann, co-defendant George Padula and the victim participated in a scheme in which they contracted with overseas companies to sell and ship them containers of valuable scrap metal, but instead packed the containers with cheap filler material, such as concrete blocks," the DOJ said. "As part of the scheme, Luthmann registered shell companies, including Omni Metal Corporation, with the New York Department of State and recruited a client of his law practice to be the nominal president of Omni." In late 2016, the victim was threatened with a gun in the presence of Padula not to contact police.

Census Bureau emailed some tips "on how to address the most frequent messages that were generated in [the Automated Export System] for this month." Response code 166, which involves a missing transportation reference number, can be resolved by verifying the number, correcting the shipment and resubmitting, Census said. "A number referencing the transportation booking number must be declared on a vessel shipment," it said. Response code 8H1 involves issues with the "reported Schedule B/HTS Number, the Value of Goods/Quantity (1) ratio." Filers should "verify the Value of Goods, Quantity 1 and Schedule B/HTS Number, correct the shipment and resubmit (if necessary). If the line item is verified correct as reported, no action is necessary," Census said. "For a particular Schedule B/HTS Number declared, the value of the goods divided by the first quantity should fall within a certain parameter based on historical statistical averages for that commodity. Ratios outside this pre-determined parameter might indicate either a keying error or misclassification of the product."

The Treasury's Office of Foreign Assets Control updated its Specially Designated Nationals List with Venezuela-related designations, according to a March 19 notice. OFAC added one person and one entity to the list, and made changes to entries about seven existing people or entities on the list, the notice said. The agency also removed 12 people from its SDN list, but the names of people added to entries on the list of changes also appear in the list of those removed.

Venezuela is asking a World Trade Organization panel to intervene in U.S.-imposed sanctions on the country, including those imposed on Petroleos de Venezuela, the state-run oil company, according to a memo Venezuela sent to the WTO’s Dispute Settlement Body chairperson. The U.S. “refused” consultations with Venezuelan officials after the country requested consultations in December, prompting Venezuela to take the next step and request establishment of a WTO dispute resolution panel. In the memo, Venezuela describes the U.S. actions as “coercive and trade-restrictive measures” and an “attempt to isolate it economically.” Venezuela also called them “discriminatory.”

The State Department is increasing civil monetary penalties for violations of the Arms Export Control Act to account for inflation, it said in a notice published in the March 19 Federal Register. For violations of AECA Section 38(e) (control of arms exports and imports) the maximum penalty will rise to $1,163,217 (from $1,134,602). Penalties for incentive payments in offset agreement violations under Section 39A(c) will rise to the greater of $845,764 or five times the payment, up from $824,959 or five times the payment; and penalties for transactions with countries supporting acts of terrorism under Section 40(k) will rise to $1,006,699, from $981,935.

Export Compliance Daily is providing readers with some of the top stories for March 11-15 in case they were missed.

A no-deal Brexit on March 30 is still the current default outcome unless the United Kingdom can convince European Union leaders it has good reason for extending the deadline, said Michel Barnier, the EU’s chief Brexit negotiator during a March 19 press conference. “The House of Parliament voted against the withdrawal agreement” negotiated between the EU and the U.K. “and against a no-deal scenario,” he said. “But voting against no deal does not prevent it from happening. Every one should now finalize all preparations for a no-deal scenario,” he said.