A Senate bill that would create an export certification system for Native American cultural items passed out of the Indian Affairs Committee July 28. The bill, which was introduced by Sen. Martin Heinrich, D-N.M., also has a House companion bill, called the Safeguard Tribal Objects of Patrimony Act of 2021. In addition to the export certification system, it explicitly prohibits the export of Native American cultural items that were illegally obtained, and requires that the Interior Department convene a Native working group of Indian tribe and Native Hawaiian representatives “to provide advice on issues concerning the return of, and illegal trade in, human remains and cultural items.”
The confirmation of two Treasury Department nominees slated to oversee the agency’s sanctions work may be in jeopardy over the Biden administration's decision not to sanction the Nord Stream 2 gas pipeline.
The Biden administration should expand the Bureau of Industry and Security, establish a clear definition for critical technologies and improve information sharing to boost corporate due diligence as part of a national technology strategy, national security experts said. BIS specifically has a larger role to play to protect the U.S. technology supply chain, which should extend beyond just export controls, the Center for a New American Security said in a July 29 report.
The House’s Republican Study Committee released a counterproposal to the Senate’s Endless Frontier Act that would call for a host of new sanctions against China, continue U.S. export control authorities and make some changes to the Committee on Foreign Investment in the U.S. The committee’s Countering Communist China Act, released July 29, calls for broad U.S. sanctions actions, including designations against Chinese technology applications, various senior government officials, foreign people that steal U.S. intellectual property and “foreign persons that knowingly spread malign disinformation … for purposes of political warfare.” The Treasury Department’s Office of Foreign Assets Control would also be authorized to hire 10 new employees to “carry out activities of the Office associated with the People’s Republic of China.”
The U.S. may need to create new, stronger tools other than its current sanctions and export controls to penalize foreign countries that violate international laws, said Nazak Nikakhtar, former acting undersecretary of the Bureau of Industry and Security. While Nikakhtar cautioned the U.S. against overusing trade restrictions, she also said they need to be bolstered because some foreign governments and companies are “easily” circumventing them.
World Trade Organization members reached a consensus July 28 on the 14 new heads of the subsidiary bodies that report to the Council for Trade in Goods. The General Council chair, Ambassador Dacio Castillo of Honduras, added that he will host consultations on how to "improve the overall process for the appointment of officers of all WTO bodies," according to an accompanying press release. The chairpersons are as follows:
Lawmaker Pushing for Rebuttable Presumption of Human Rights Abuses for Certain Tech Exports to China
Congress should establish a rebuttable presumption that certain technology exports sold to China will be used to violate human rights, said Rep. Tom Malinowski, D-N.J. Malinowski, a member of the House Foreign Affairs Committee, said he pushed to include that language in a previous House version of the Ensuring American Global Leadership and Engagement (EAGLE) Act but the wording “kept on getting stripped by the Senate” for “mysterious” reasons. “There is a very strong behind-the-scenes lobby against that from whatever elements of corporate America continue to profit from that trade,” Malinowski said in a Capitol hallway interview July 27, specifically pointing to facial recognition technology.
The Bureau of Industry and Security is “very busy” working to implement the semiconductor supply chain recommendations (see 2107140047) that arose from President Joe Biden’s February executive order (see 2102240068), including directives to pursue more collaboration with industry and a review of export controls and investment restrictions, a senior BIS official said. Sahar Hafeez, a senior adviser at BIS, said the agency will continue implementing those recommendations “in the weeks and months ahead.”
Brenda Barnes, co-chair of CBP’s 15th term Commercial Customs Operations Advisory Committee Export Modernization Work Group and export manager for Geo. S. Bush & Co., will retire July 29 after more than 30 years in the industry. Barnes served on several COACs and helped to produce the Export Modernization White Paper, a broad undertaking meant to serve as a road map for the export process (see 2106230056). “I have been devoted to exports for my entire career and I hope to have served its community well and for the betterment of our United States of America’s economic security,” Barnes said in a July 27 email.
Although there were some specific complaints about how USMCA has gone in its first year -- especially what witnesses and senators said was an anemic effort to get Mexico to change its stance on genetically modified agricultural crops -- much of the hearing in the Senate Finance Committee on July 27 explored how USMCA should be seen as a model for future trade agreements.