CBP has removed a State Department license exemption from the Automated Export System that has been revised by the Directorate of Defense Trade Controls, according to a May 19 CSMS message. The exemption, which was revised last year (see 2005120027), was removed from the AES Trade Interface Requirements appendix for International Traffic in Arms Regulations exemption codes after an April 19, 2020, end date for the exemption, CBP said. The exemption is no longer accepted in Electronic Export Information submissions. Exporters that need to update previously accepted shipments should refer to the exemptions section of the DDTC’s frequently asked questions site or contact the DDTC response team, CBP said.
The State Department rescinded a policy of denial for a subsidiary of BAE Systems located in Saudi Arabia, according to a notice. The policy no longer applies to BAE Systems Saudi Arabia Limited (BAES SAL), which was one of several BAES subsidiaries convicted of violating the Arms Export Control Act and the International Traffic in Arms Regulations in 2010. The State Department rescinded the denial policy after receiving a request from BAES SAL and determining the action was “in the national security and foreign policy interests” of the U.S.
The State Department issued statutory debarment for 23 people for violations of the Arms Export Control Act, the agency said in a notice. The State Department stressed that they are blocked from participating in activities regulated by the International Traffic in Arms Regulations, including brokering activities, exports and temporary imports. The debarment period will last for three years, at which time the people can apply for reinstatement of export privileges, the agency said. If their export privileges are not reinstated, they remain debarred.
The Department of Justice charged the leaders of a sanctions-evading financial services company in Iran with wire fraud, money laundering, identity theft and sanctions violations, the agency said in a May 18 press release. PAYMENT24 CEO Seyed Sajjad Shahidian and COO Vahid Vali used the company to help Iranian citizens avoid U.S. financial sanctions against Iran, which included purchases of U.S. computer software, software licenses and computer servers. The company offered a package to help clients purchase goods and services from U.S. businesses, including a PayPal account, a fake “ID card,” a remote IP address from the United Arab Emirates and a Visa gift card. The company charged a fee to evade U.S. sanctions, the press release said.
Treasury Secretary Steven Mnuchin, who was testifying in front of the Senate Banking Committee May 19, was asked by Sen. Ben Sasse, R-Neb., why the government hasn't placed sanctions on Huawei. He said that Huawei and some other Chinese companies aren't really private-sector firms, and that they were built by stealing American intellectual property.
The Treasury’s Office of Foreign Assets Control sanctioned China-based Shanghai Saint Logistics Limited for acting as a general sales agent for Mahan Air (see 1912050032), the U.S.-designated Iranian airline, according to a May 19 press release. The designation of Shanghai Saint Logistics is the seventh designation of a general sales agent to Mahan Air since 2018, OFAC said. The company provides freight booking and other services for Mahan Air flights. “We will not hesitate to target those entities that continue to maintain commercial relationships with Mahan Air,” Treasury Secretary Steven Mnuchin said in a statement.
Export Compliance Daily is providing readers with some of the top stories for May 11-15 in case you missed them.
The Commerce Department’s Bureau of Industry and Security is preparing to issue several additional export controls over emerging technologies and is finalizing a long-awaited advance notice of proposed rulemaking for foundational technologies, BIS officials said. The emerging technology controls will be released “within the next few weeks,” an official said, while the foundational technology ANPRM will soon be sent for interagency review and for feedback by technical advisory committee members before being publicly released.
China said it will take countermeasures to respond to increased U.S. export restrictions against Huawei, calling the changes an “abuse of export controls” and a violation of international trade laws. The restrictions, which place a license requirement on shipments to Huawei for foreign-made chips containing U.S. content, are a “serious threat” to China’s chip industry and supply chains, China’s Commerce Ministry said May 17, according to an unofficial translation. The ministry did not specify what the countermeasures will entail, but state media said China is considering placing U.S. companies on its so-called unreliable entity list and stopping purchases of aircraft from Boeing (see 2005150058).
The Office of Information and Regulatory Affairs began an interagency review for a final rule from the Commerce Department that will implement certain export control decisions from the 2020 Australia Group meeting. The rule, received by OIRA May 5, will add certain “rigid-walled, single-use cultivation chambers and precursor chemicals” to the Commerce Control List. The rule would also amend the Export Administration Regulations by revising biological and chemical controls on the CCL.