The European Parliament's Internal Market and International Trade committees adopted a draft regulation that would provide a framework for investigating the use of forced labor in global supply chains and bans all goods using forced labor, the parliament announced. If the investigation of a company reveals the use of forced labor, the European Parliament said, "all import and export of the related goods would be halted at the EU's borders and companies would also have to withdraw goods that have already reached the EU market." Goods that had reached the market would be "donated, recycled or destroyed."
The Bureau of Industry and Security this week released a range of updates to its Oct. 7, 2022, China chip controls, unveiling two rules that will impose new license requirements on additional chips and chipmaking tools, make revisions to its U.S. persons restrictions, expand licensing requirements for exports of certain chipmaking items to U.S. arms-embargoed countries, create a new notification requirement and introduce other measures to address export control circumvention risks.
The U.S. has little room to expand sanctions against Hamas, but it could look to track down and designate additional front companies the terror group uses to fund its activities, said Jason Prince, former chief counsel at the Office of Foreign Assets Control. Although OFAC has general licenses in place to authorize a broad range of humanitarian-related transactions involving Palestine, Hamas’ designation as a foreign terrorist organization could make some financial institutions less willing to approve those aid-related transactions, Prince said.
Rep. Andy Kim, D-N.J., one of the less hawkish members of the House Select Committee on the Chinese Communist Party, bemoaned the fact that the original title of the committee, which talked about strategic competition, has been forgotten.
The World Customs Organization's Harmonized System Committee will extend its customary five-year review cycle by an additional year, the WCO said in a press release on Oct. 12. This means that the next version of the Harmonized System will be implemented on Jan. 1, 2028.
A House bill that could apply blocking sanctions on a host of Chinese companies included on various government denied party lists would “create enormous problems” for U.S. companies doing business in China, said William Reinsch, a former Commerce Department official and current Scholl Chair in International Business at the Center for Strategic and International Studies.
Senate Majority Leader Chuck Schumer, D-N.Y., said he spoke candidly with Chinese President Xi Jinping on a trip to Shanghai, saying China needs to stop unfair treatment of U.S. firms with operations in China.
The Biden administration needs to soon update its China-related chip export controls and apply “full blocking sanctions” to Huawei and China’s Semiconductor Manufacturing International Corp., top House Republicans recently said in a letter to National Security Adviser Jake Sullivan. Those measures and others will address what the lawmakers said has been a ”failure” by the administration and the Bureau of Industry and Security to properly enforce the Oct. 7 chip restrictions, which placed new license requirements on a host of chip-related exports and activities involving China.
DOJ is looking to apply its recently revamped corporate enforcement principles “across the entire Department,” including in cases involving the Committee on Foreign Investment in the U.S., Deputy Attorney General Lisa Monaco said during an event last week held by the Society of Corporate Compliance and Ethics. Monaco said companies “should expect more to come on this topic” as DOJ extends its policies “beyond the criminal context to other enforcement resolutions -- from breaches of affirmative civil case settlements to violations of CFIUS mitigation agreements or orders.”
If the Treasury Department doesn't clarify the due-diligence steps that will be required of dealmakers under the agency’s upcoming outbound investment prohibitions, the Biden administration risks chilling a broad range of U.S ventures in China and incentivizing foreign companies to seek funds elsewhere, law firms and industry associations said in comments to the agency.