China’s Commerce Ministry criticized the U.S. Commerce Department’s decision to increase restrictions on exports to Chinese military users, saying it will “damage the interests of related U.S. companies more.” The measures, introduced last week (see 2004280052), were examples of the U.S. “abusing export control measures and impeding normal trade and cooperation among trading partners,” a ministry spokesperson said during an April 30 press conference, according to an unofficial translation of a transcript of the event. China said governments have a “responsibility” to reduce trade barriers during the COVID-19 pandemic “rather than create obstacles,” adding that “it is hoped that the U.S. side will stop wrong practices.”
The Congressional Research Service issued a report April 30 on exports of U.S.-made defense products. The report includes explanations of U.S. regulations covering defense exports, international governing bodies of those exports -- including the Wassenaar Arrangement -- the foreign military sales process and more. The report also suggested that Congress should consider whether increasing trade should be an “explicit goal” of U.S. arms sales policy and whether current sales methods are consistent with the intent of the Arms Export Control Act.
The Environmental Protection Agency issued a final rule setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 20 chemical substances that were the subject of premanufacture notices (PMNs). As a result of the SNURs, persons planning to manufacture, import or process any of the chemicals for an activity that is designated as a significant new use by this rule are required to notify EPA at least 90 days in advance. Importers of chemicals subject to these SNURs will need to certify their compliance with the SNUR requirements, and exporters of these chemicals will now become subject to export notification requirements. The final rule takes effect June 3.
The United Kingdom’s Office of Financial Sanctions Implementation issued a correction for 137 listings under its Afghanistan sanctions regime, according to an April 30 notice. Of the listings, 136 remain subject to an asset freeze, OFSI said. The agency removed one entry from the list: Ahmadullah.
Two Iranian nationals were charged with violating U.S. export controls and sanctions after they tried to help Iranian entities buy a petroleum tanker, the Justice Department said May 1. Amir Dianat and Kamran Lajmiri allegedly concealed details about the transaction from the seller, financial institutions and the U.S. government, the agency said, and failed to disclose that the tanker was destined for Iran. Both were charged with violating the International Emergency Economic Powers Act and the Iranian Transactions and Sanctions Regulations. The U.S. also filed a civil forfeiture action against Dainat for about $12.3 million, saying the funds were used in a money-laundering scheme to buy the tanker. The scheme involved the National Iranian Oil Company, the National Iranian Tanker Company and the Islamic Revolutionary Guard Corps-Qods Force, all on the Specially Designated Nationals list. The tanker was valued at more than $10 million, Justice said.
Some companies are concerned about the possibility of the Commerce Department issuing major export control actions during the COVID-19 pandemic, which they say will compound economic hardships caused by the mitigation response to the highly contagious disease. In interviews, industry officials said they are unsure about their ability to manage sweeping regulatory changes even as they acknowledge that a moratorium on export control actions is unlikely.
As Thompson Hine lawyers on a webinar discussed exemptions to the Federal Emergency Management Agency restrictions on exports of personal protective equipment, they noted that goods held in bonded warehouses or in foreign-trade zones aren't subject to the controls. As a result, they expect the two to become more widely used over the next year.
The Commerce Department Bureau of Industry and Security is still planning to hold its annual conference in Washington, D.C., this summer, and officially opened registration for the event on April 30. BIS said it is “closely monitoring” COVID-19 updates and will notify industry of any changes to the June 29-July 1 conference. The conference's agenda includes sessions on license exceptions, semiconductors, end-use checks, updates on export controls, export enforcement and more.
Sudan is being severely hampered by unilateral sanctions amid the COVID-19 pandemic, the United Nations said April 28. The country is facing “acute resource constraints” because of its position on the U.S.’s list of state-sponsored terrorism, which is leading to a humanitarian crisis, said Michelle Bachelet, UN commissioner for human rights. “The only way Sudan will ever be able to break out of this cycle of poverty and desperation is to be freed from the impediments of sanctions,” Bachelet said.
American Express violated U.S. sanctions when it processed about $35,000 worth of transactions for a designated person in 2015, the Treasury’s Office of Foreign Assets Control said April 30. OFAC issued a “finding of violation” for American Express Travel Related Services Company but did not impose a fine.