The State Department's Directorate of Defense Trade Controls is preparing to publish new compliance program guidelines to help industry better meet agency compliance expectations, an official said. DDTC is also “close” to rolling out its new open general license concept, another official said, which would allow blanket approvals for certain shipments to close U.S. allies, potentially including Five Eyes alliance members.
Bernd Lange, chair of the European Union parliament's committee on trade, said that though it may be tricky to do so -- given that the EU and other countries have different ways of encouraging cleaner industry -- the EU's proposed carbon border adjustment measure should not be a way to just hike tariffs. "We have to avoid trade wars," he said to reporters in Washington Nov. 4. He said if another country does not have a cap and trade system and doesn't have a price on carbon, that doesn't mean they don't have climate change measures. "So we need to find equivalencies," he said.
The Biden administration is still working through a sweeping review of its arms transfer policies, which is expected to place more of an emphasis on human rights concerns while helping to remove foreign barriers to U.S. defense exporters, said Tim Betts, a senior State Department official. He said the agency is in the middle of an “intensive” interagency process and “wide ranging” discussions with industry and Congress to determine how best to revise its conventional arms transfer policies, which could represent a more cautious approach compared with the previous administration.
The Bureau of Industry and Security added four technology companies in Israel, Russia and Singapore to the Entity List for “acting contrary” to U.S. foreign policy and national security through “malicious cyber activities,” BIS said in a notice released Nov. 3. The companies either operate or supply technologies in the cyberintelligence and information security sectors and will be subject to a license review policy of presumption of denial for all items subject to the Export Administration Regulations. No license exceptions will be available for controlled exports to the four companies. The additions are effective Nov. 4.
The U.S. needs to strike a better balance between targeting Chinese technology theft and encouraging open and collaborative technology research environments, the Center for Strategic and International Studies said in an Oct. 28 report. While the government is concerned Chinese students and scientists work as “‘nontraditional collectors’ in pursuit of [China’s] technology priorities,” CSIS said those risks “can and must be dealt with while simultaneously maintaining the fundamental openness of the system.”
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The Bureau of Industry and Security will add four entities in Israel, Russia, and Singapore to the Entity List for "malicious cyber activities" that are contrary to U.S. foreign policy and national security, BIS said in a notice. The two Israeli companies supply malicious spyware to foreign governments, and the companies in Russia and Singapore “traffic in cyber exploits” that threaten the “privacy and security of individuals and organizations worldwide.” BIS will impose a license review policy of presumption of denial for all items subject to the Export Administration Regulations. The Commerce Department said the Entity List additions are part of a government-wide effort to "stem the proliferation of digital tools used for repression." The additions take effect Nov. 4.
Although companies shouldn’t expect the Treasury Department's recently released sanctions review to lead to major policy changes, it could result in slightly fewer designations, clearer humanitarian exemptions and more sanctions guidance, law firms said.
Christopher Monahan has joined Faegre Drinker as a partner in its Washington, D.C.-based customs and international trade practice, the firm announced. Monahan, formerly of Winston & Strawn, has advised clients on U.S. international trade and investment regulations, including the International Traffic in Arms Regulations, the Export Administration Regulations and the Foreign Corrupt Practices Act, the firm said.
The United Kingdom's Office of Financial Sanctions Implementation updated its financial sanctions guidance for charities and other nongovernmental organizations. The new document provides resources for charities and NGOs, including basic steps for conducting due diligence when engaging in business abroad, what to do if financial sanctions are breached and how to apply for an OFSI license to skirt financial sanctions. The guidance also gives country- and sector-specific sanctions information including on Syria, Afghanistan and petroleum products.