The Office of Foreign Assets Control added one person to its Specially Designated Nationals List and removed two others, an April 13 notice said. The agency added Audias Flores Silva, a regional commander for the Cartel de Jalisco Nueva Generacion, a Mexican drug cartel, OFAC said April 14. The agency also deleted entries for Juan de la Cruz, the director of the Banco Nacional de Cuba, and Jose Gutierrez Reyes, who is listed with an address in Mexico. OFAC did not provide further information on the SDN deletions.
U.S.-China Business Council President Craig Allen, former deputy assistant secretary for China in the State Department, said that the Chinese were taken by surprise by how little has changed in the new administration. “There was an expectation between [Donald] Trump and [Joe] Biden, there would be a loosening of technology regulations,” he said, but Commerce Secretary Gina Raimondo has taken steps to tighten export restrictions that affect Huawei, and there have been actions under the new Information, Communications and Telecommunications Services (ICTS) regulations.
The U.S. should quickly pass a bipartisan bill that would increase U.S. investment in technology research and high-tech manufacturing, technology experts and academic leaders told the Senate April 14. Some lawmakers argued that the bill, which is partly aimed at boosting U.S. technology competition with China, should also include measures to better protect U.S. critical technologies from being stolen by the Chinese government.
Former Assistant U.S. Attorney in the Northern District of Illinois Shoba Pillay joined Jenner & Block's Chicago office, the firm announced in an April 13 press release. Pillay specializes in fraud, cybercrime, data privacy, export control and sanctions, trade secrets and intellectual property cases, and will bring that experience to both the investigations, compliance and defense practice and data privacy and cybersecurity practice, where she will be a partner.
A United Kingdom strategic export controls annual report lists all export licensing decisions made by the British government from 2020. For all of last year, the U.K. received 12,252 standard individual export license applications, granting 11,974 of them. The government also issued 353 open individual export licenses out of the 393 applications it received.
A lawyer for Turkish government-owned bank Halkbank made the case to the U.S. Court of Appeals for the 2nd Circuit that it is immune from prosecution due to protections under the Foreign Sovereign Immunity Act, in an April 12 oral argument. Simon Latcovich of Williams & Connolly asserted that the government had no jurisdiction over the bank since the bank is owned by the Turkish government and that the FSIA does not extend jurisdiction over sovereign states for criminal cases. Latcovich also claimed that even if the FSIA allowed for this jurisdiction, Halkbank would still be exempt from prosecution under common law. His argument follows that if the courts were to find that immunity for sovereign states was not extended to criminal cases under the FSIA, this would erode the congressional mandate of the act without a word from the body itself.
The Australian Sanctions office will hold a virtual information session later this month to provide an overview of its sanctions regimes, permit application processes, the penalties it administers and guidance for complying with Australia’s sanctions, it said April 13. The office will also take questions during the April 29 session, 11 a.m. local time and 9 p.m. EDT.
The State Department issued updated guidance on its implementation of the amended Protecting Europe's Energy Security Act, which requires the agency to report to Congress and potentially sanction foreign people or entities involved in Nord Stream 2, TurkStream and other gas pipeline projects. The April 9 guidance outlines the “range of activities captured under” the legislation and describes the various sanctions exceptions in the bill, including exceptions for activities that “are intended for the safety and care of the crew aboard the vessel” and that are meant to avoid harming the environment. The guidance also explains the bill’s wind-down provision for people and entities that are subject to sanctions.
Several federal agencies are seeking comments to determine whether an interagency risk management guidance supports banks’ compliance with sanctions and anti-money laundering requirements, a joint notice said April 12. The Supervisory Guidance on Model Risk Management, developed by the Federal Reserve board of governors and the Office of the Comptroller of the Currency, describes the elements of effective bank risk management programs and is meant to help banks better comply with U.S. sanctions requirements, among other regulations. The agencies are asking for feedback on how well the guidance helps banks comply with Office of Foreign Assets Control sanctions. “The agencies seek this information to enhance their understanding of bank practices in these areas and determine whether additional explanation or clarification may increase transparency, effectiveness, or efficiency,” said the notice, which was issued by the OCC, the Federal Reserve board of governors, the Federal Deposit Insurance Corporation, the National Credit Union Administration and the Financial Crimes Enforcement Network. Comments are due June 11.
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