Adewale Adeyemo, President Joe Biden’s nominee for deputy treasury secretary, said he is open to continuing unilateral sanctions against China but stressed that he prefers multilateral sanctions and closer coordination with allies. Adeyemo also said he plans to conduct a “top-to-bottom” review of the agency’s sanctions procedures (see 2101190060) and examine whether the U.S.’s foreign investment screening tools should be strengthened.
Senate Finance Committee Chairman Ron Wyden, D-Ore., said the U.S. trade representative nominee has “really extraordinary skill in bringing people together,” and that it's critical to confirm her, deputy Treasury secretary nominee Wally Adeyemo, and the Health and Human Services secretary, so they can get to work. Wyden, who spoke with reporters Feb. 22, didn't spend much time on trade issues, but he said he thinks Katherine Tai is “going to do a first-rate job” heading the Office of the U.S. Trade Representative.
The House Foreign Affairs Committee’s top Democrat and top Republican urged the Biden administration to sanction those responsible for the murder of an anti-Hezbollah activist in Lebanon earlier this month. Reps. Gregory Meeks, D-N.Y., and Michael McCaul, R-Texas, on Feb. 18 asked Biden to impose sanctions under the Global Magnitsky Human Rights Accountability Act for the assassination of activist Lokman Slim, saying the murder “could constitute a sanctionable gross violation of internationally recognized human rights.”
A Commerce Department rule designed to cut off U.S. shipments to foreign military intelligence agencies in China, Russia and beyond could create a host of due-diligence issues for exporters, industry lawyers said. Those issues could be compounded by industry uncertainty surrounding the scope of the rule, which may be unclear without BIS guidance. “We're getting an enormous number of questions,” said Giovanna Cinelli, an export control lawyer with Morgan Lewis. “I think the rule is open to interpretation, and that’s creating uncertainty.”
The Senate Finance Committee scheduled a hearing to consider Katherine Tai to be the next U.S. trade representative. They will interview her Feb. 25 at 10 a.m.
The Commercial Customs Operations Advisory Committee (COAC) for CBP will next meet remotely on March 17, CBP said in a notice. Comments are due in writing by March 16.
Although national security lawyers aren’t expecting many changes to the goals of the Committee on Foreign Investment in the U.S. under the Biden administration (see 2101220034), they are expecting more of an effort by CFIUS to keep its transactions and actions out of the spotlight. “We do expect to see a return to a normal course of business for CFIUS, for the deliberations to take place behind closed doors,” said Caroline Brown, a trade lawyer with Crowell & Moring, speaking during a Feb. 17 event hosted by the law firm.
Iowa Republican Sen. Chuck Grassley, a member of the Senate Finance Committee, said he doesn't expect U.S. trade representative nominee Katherine Tai to have a hearing before mid-March. Because there's nothing controversial about her, he said, if she does get a hearing before Congress takes its Easter break, he thinks the full vote can also be done within days. Grassley told reporters on a Feb. 16 phone call that when he spoke with Tai recently, he told her that “I appreciated this administration's approach to China, working to get Japan, South Korea, Europe, Canada, and the United States on the same page with China.” He said he also told her the United Kingdom free trade negotiations “ought to have priority.”
Rep. Michael McCaul, R-Texas, said the Bureau of Industry and Security isn’t complying with congressional oversight requirements because it hasn’t yet provided him with information about its China licensing process that he requested in November. After McCaul requested “detailed information” on how BIS licenses U.S. technology to Chinese entities, BIS told him the data was “too difficult and time-consuming to compile,” McCaul said Feb. 16. But McCaul said BIS allowed “the same information to be shared with the media,” referencing a Feb 11 Reuters report on Huawei restrictions (see 2102120008). McCaul called BIS’s actions “completely inappropriate and only furthers my concerns that BIS has not woken up to the growing threat of the Chinese Community Party.” A BIS spokesperson didn’t comment.
CBP is now operating under an “informed compliance umbrella” related to penalties over faulty “transportation data” included on Automated Export System filings, said Jim Swanson, director of the Cargo and Security Controls Division, for Cargo and Conveyance Security, CBP Office of Field Operations. Swanson, who spoke Feb. 10 during a National Association of Foreign-Trade Zones virtual conference, mentioned discrepancies with filed dates and ports as things CBP would like to see corrected rather than penalized. A set of penalty mitigation guidelines for failure to comply with Foreign Trade Regulations was updated in September.