While the U.S. and the European Union should continue to collaborate on export controls and investment screening efforts, cooperation on financial sanctions may be more difficult and may not be feasible in some cases, panelists said. Any trade or investment restrictions that rely on financial market leverage will be more difficult for the EU to implement, they said.
The U.S. and the European Union should pursue multilateral export controls, reexamine restrictions on certain munitions-related items and work together to better harmonize decisions on license denials, industry and academia said. The U.S. and EU released a joint summary Dec. 1 of those recommendations, which were made during an Oct. 27 virtual meeting on dual-use export controls (see 2110190020) to discuss areas of priority for the U.S.-EU Trade and Technology Council.
The United Kingdom's High Court of Justice dismissed a challenge from Egyptian national and sanctioned individual Hany Youssef over whether the Sanctions and Anti-Money Laundering Act complies with Articles 6 and 8 of the European Convention on Human Rights, according to a Nov. 26 judgment. Articles 6 and 8 guarantee the right of access to a court and protect the right to private and family life, respectively. Youssef was sanctioned by the United Nations Al-Qaida and Taliban Financial Sanctions Committee in 2005. Following the passage of SAMLA in 2018, the Egyptian national sought to have his UN sanctions listing removed via the U.K. government, eventually arguing that the U.K. judicial system's inability to order the U.K. government to quash a UN sanctions listing is in violation of the ECHR.
The European Commission this week released the agenda of its upcoming annual export control forum (see 2111220008), which will feature industry feedback on the European Union's new dual-use regulations and more. The forum will include panels with European Commission officials, export control researchers and EU exporters, who will discuss recent control developments, how to best implement and modernize controls, and challenges posed by emerging technologies, among other topics.
Airbnb has available more than a dozen homes for rent in China’s Xinjiang province on land owned by a Chinese entity that is subject to U.S. sanctions, Axios reported Nov. 30. The entity, Xinjiang Production and Construction Corps, was sanctioned by the Treasury Department in 2020 for human rights abuses, including for helping to create a surveillance and detention program for Muslim minority groups (see 2007310028). Information connecting “numerous Airbnb listings” with XPCC-owned land is publicly available, including on Airbnb’s website, the report said.
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European Union officials are seeing a steady uptick in notified transactions under its new foreign direct investment screening regime and expect the trend to continue into next year, said Denis Redonnet, the European Commission’s chief trade enforcement official. As more member states continue to screen FDI, Redonnet said the EC plans to issue a set of common guidelines for reviewing investments and will work closer with the U.S., Japan and others to share best practices.
The United Nations and Switzerland last week added Emraan Ali to their ISIL sanctions list. Ali is suspected of recruiting for the terrorist organization and instructing individuals to commit terrorist acts. The United Kingdom also sanctioned Ali last week (see 2111260002). The U.S. designated Ali in September 2018.
The European Court of Justice dismissed an appeal on Nov. 18 by Fereydoun Mahmoudian that sought to increase the amount of compensation awarded to Mahmoudian from the General Court's decision to give him over $80,000 due to his inclusion on the European Union's Iran sanctions list. Unsatisfied with this amount, Mahmoudian sought over $1 million in material damages and $564,000 for non-pecuniary damages from the ECJ or to remand the case to the General Court. The appealed damage payments awarded by the lower court also included payments of over $560 for every month his assets were frozen. The ECJ ruled that the General Court was right to find that Mahmoudian gave insufficient evidence to establish the reality and extent of the alleged damages, and that the General Court's numbers were properly supported. The ECJ also ordered Mahmoudian to bear his own costs and pay those incurred by the European Council, but the European Commission was required to pay its own costs.
The Office of Foreign Assets Control last week renewed a general license authorizing transactions between certain companies and Petroleos de Venezuela S.A. General License No. 8I, which replaces No. 8H (see 2106020003), authorizes transactions between PdVSA and Chevron, Halliburton, Schlumberger, Baker Hughes and Weatherford International, with certain restrictions, through 12:01 a.m. EDT June 1, 2022. The license was scheduled to expire Dec. 1.