Russian oligarch Oleg Vladimirovich Deripaska and his associates Natalia Bardakova and Olga Shriki were charged with conspiring to violate the U.S. sanctions imposed on Deripaska and one of his corporations, Basic Element Limited, the U.S. Attorney's Office for the Southern District of New York announced. Shriki also was charged with obstruction of justice relating to her alleged deletion of electronic records that pertained to her participation in the sanctions evasion scheme. Charges also were levied against Ekaterina Voronina, Deripaska's girlfriend, for making false statements to government officials during her attempted entry into the U.S. to give birth to Deripaska's child.
Nova Daly, a Wiley senior public policy adviser, said businesses in sensitive sectors should prepare for outbound investment review, because even if Congress does not legislate on the topic, the House speaker and Senate majority leader asked the White House to issue an executive order creating such a review.
The Environmental Protection Agency published a final rule Sept. 29 setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 24 chemical substances subject to Premanufacture Notices (PMNs). As a result of the SNURs, persons planning to manufacture, import or process any of the chemical substances for an activity 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 chemical substances will now become subject to export notification requirements. The final rule takes effect Nov. 28. The SNURs cover the following:
The Office of Foreign Assets Control on Sept. 29 sanctioned an international network of companies that have sold hundreds of millions of dollars’ worth of Iranian petrochemicals and petroleum products to end users in Asia. The designations target a range of Iranian and international brokers and front companies, including Iran Chemical Industries Investment Company, Middle East Kimiya Pars Co., India-based Tibalaji Petrochem Private Limited, Hong Kong-based Sierra Vista Trading Limited, United Arab Emirates-based Clara Shipping LLC and others, including the Panama-flagged liquid petroleum gas tanker Gas Allure. Along with OFAC, the State Department sanctioned China-based Zhonggu Storage and Transportation Co. Ltd. and WS Shipping Co. Ltd. for their involvement in Iran's petrochemical trade.
The EU proposed a new sanctions package on Russia -- its eighth -- following Russia's escalation of its invasion of Ukraine, the European Commission announced. The restrictions would ban European companies from shipping to third countries Russian oil above an internationally set price cap, add further listings of individuals and entities, and place new import bans on Russian goods.
The U.S. and its allies should modernize the way they approach export controls and reboot regimes that have so far failed to keep China from acquiring sensitive technologies, said Mark Hewitt, Lockheed Martin’s vice president for corporate strategy. Martin, speaking during a Sept. 27 defense industry conference hosted by IDEEA, said many current export regimes are outdated.
More exporters should make use of License Exception STA (Strategic Trade Authorization), which could reduce workload for the government and allow certain exports to move faster, officials from the Commerce and Defense departments said. “Frankly, it's not utilized as much as we would like it to be utilized,” Matt Borman, an official with Commerce’s Bureau of Industry and Security, said during a Sept. 27 defense industry conference hosted by IDEEA. “To anyone who's considering STA-eligible exports, please, please use them as opposed to having your U.S. supplier come in and go through the traditional licensing process.”
The Bureau of Industry and Security was “overwhelmed” with advisory opinion requests after issuing its 2020 rules creating military end-user regulations and an MEU list (see 2004270027), said Matt Borman, deputy assistant secretary for export administration, speaking during a Sept. 27 defense industry conference hosted by IDEEA. He said the agency was “happy” to help companies that had questions about the rule, but the process was time-consuming. “It took us a while,” Borman said. “But I think we're through that backlog” now.
Although the current congressional proposal for a new outbound investment screening mechanism faces some hurdles, it could be incorporated into the upcoming National Defense Authorization Act. Sen. Pat Toomey, R-Pa., said he has concerns with some of the provisions but hopes to work with bill’s sponsors to include some type of outbound screening measure in the fiscal year 2024 defense spending bill, which could be passed this year.
The U.S. imposed new sanctions against Russia Sept. 30 and announced it will add 57 entities to the Entity List for supporting Russia's military amid its war in Ukraine. The sanctions target members of Russia’s military-industrial complex, including various technology and defense firms, two of Russia's international suppliers and members of Russia’s legislature, the Treasury Department said. The Entity List additions, which BIS said will take effect Sept. 30, target parties that have sought to supply Russia’s military with controlled U.S. items or are involved in the country’s quantum computing industry, the Bureau of Industry and Security said in an emailed news release. Fifty of the 57 newly added entities will be subject to BIS’ Russia/Belarus Military End User Foreign Direct Product Rule, which will limit their ability to acquire certain foreign-produced goods made by or with U.S.-origin items.