The Office of Foreign Assets Control on July 22 issued two new Russia-related general licenses.
Ivan Komaritsky, former corporate regulatory attorney at DLA Piper, has joined Rimon PC as counsel in the New York office, the firm announced. Komaritsky's practice centers around Foreign Corrupt Practices Act, Committee on Foreign Investment in the U.S. and U.S. economic sanctions matters. Throughout his career, Komaritsky has conducted internal investigations and FCPA corporate audits in countries around the globe, including in Russia, the Middle East, Eastern Europe and Southeast Asia, the firm said.
The U.S. is increasingly struggling to attract greenfield foreign direct investment, which has fallen by more than 90% since the 1990s, the Information Technology & Innovation Foundation said in a July report. ITIF, citing data recently released by the U.S. Bureau of Economic Analysis, said foreign companies appear to be less willing to build new facilities or expand existing ones in the U.S.
The Senate is making progress on bipartisan legislation that would give the administration stronger authorities to investigate, prosecute and seize the assets of sanctioned Russian oligarchs, including in cases of sanctions or export control evasion. The proposals received broad support this week from Senate Judiciary Committee members, who said DOJ’s powers should be expanded and bolstered to better punish Russian war crimes.
India's Directorate General of Foreign Trade in a July 18 notice laid out the steps for submitting a request for seeking Inter-Ministerial Committee (IMC) approval for exports of wheat flour (atta). Exporters must submit their requests for approval in ANF 2N application format along with a purchase order/copy of invoice and documentary evidence in case the firm is ISO 22000 compliant. The application comes with a 1,000 rupee processing fee that must be paid at the time of submission. Approval will be valid for three months.
The departments of Commerce and Defense are establishing a new forum to better study potential controls for emerging technologies, Bureau of Industry and Security Undersecretary Alan Estevez said, speaking during a July 19 House Foreign Affairs Committee hearing. He said he has asked DOD to help him stand up a “critical technologies review board” to coordinate over a range of evolving technologies, including semiconductors, biotechnology and quantum computing. “This board will help BIS to understand the technologies DOD is investing in for military use,” he said, “and to help us impose appropriate controls for those technologies.” BIS recently announced it would stop categorizing technologies as either emerging or foundational before a control is imposed, which it hopes will help the interagency process move faster (see 2206270007).
The Bureau of Industry and Security this week published two public comments it received on a May rule that proposed unilateral export controls on four dual-use biological toxins (see 2205200017). One comment, from Raytheon BBN, addresses the “feasibility of regulating access” to nodularin, brevetoxin, palytoxin and gonyautoxin, the four toxins that BIS said can be weaponized to kill people or animals, “degrade equipment” or damage the environment. The second comment, from Bill Root, a frequent public commenter during the agency’s technical advisory committee meetings, includes recommendations for revisions to the rule. Root also said the controls must be accompanied by “major changes” to the State Department’s International Traffic in Arms Regulations and “the regulations of other affected U.S. agencies.”
The Bureau of Industry and Security should harmonize the Entity List with other lists across various agencies to better capture foreign companies that should be subject to strict trade restrictions, lawmakers told BIS Undersecretary Alan Estevez this week. Others said BIS has failed to blacklist Chinese military companies that deserve placement on the Entity List, allowing the Chinese government to continue to buy sensitive American technologies.
The Committee on Foreign Investment in the U.S. is investigating Swiss renewable energy company Viston United Swiss' proposed acquisition of California-based Petroteq Energy, an oil production and technology company. The CFIUS investigation, disclosed by Petroteq this month, began after CFIUS completed a 45-day review period earlier this year (see 2206130025). CFIUS told Petroteq it plans to complete its investigation by Aug. 22. Viston plans to extend its offer to purchase Petroteq until after Aug. 22.
The Biden administration should reverse a 2020 rule that transferred export controls over certain defense items from the State Department to the Commerce Department (see 2001170030), said Sen. Elizabeth Warren, D-Mass. She said the transfer has allowed the U.S. to approve more weapons sales overseas, contributing to violent crime and corruption.