More than half of the sanctions-related enforcement actions issued by the Treasury Department in 2019 involved supply chain violations, signaling that supply chain compliance is one of the most important factors in avoiding violations, according to a December report released by Kharon, a sanctions advisory firm. The penalties are mostly due to deficiencies in three main areas of supply chain compliance, Kharon said: companies that operated in “heightened-risk jurisdictions,” companies that operated “existing and newly acquired” foreign subsidiaries, and companies that showed deficiencies while monitoring actors in its supply chain.
The National People's Congress Standing Committee of China will consider a draft law on export controls, Xinhua reported on Dec. 24. The draft would add new limits on “the export of special items including nuclear and biological materials as well as weapons, aiming to fulfill the country's international obligations of non-proliferation and protect the nation's security and development interests,” the state-run news outlet said. The law would also require “the supervision of the entire export process including transit and transshipment as well as re-export,” according to the report.
A lack of export control harmonization and an uneven playing field across the European Union are increasingly hurting Europe’s semiconductor industry, said Aude Jalabert, a trade compliance manager for Infineon Technologies and a member of the European Semiconductor Industry Association. The export licensing and control regimes across EU member states are mainly marred by inconsistencies, language barriers and a lack of staffing, Jalabert said.
President Donald Trump signed the fiscal year 2020 National Defense Authorization Act, S. 1790 into law, with provisions targeting tech companies Huawei and ZTE (see 1912130027), the White House announced on Dec. 20. The law bars the Trump administration from lifting the Commerce Department Bureau of Industry and Security's addition of Chinese telecom equipment manufacturer Huawei to its export entity blacklist without congressional approval. The law also requires reports to Congress on waivers issued to companies doing business with Huawei as well as ZTE's compliance with a 2018 agreement that lifted Commerce's ban on U.S. companies selling telecom software and equipment to ZTE.
The United Kingdom’s Department for International Trade updated its firearms export control forms, according to a Dec. 23 notice. The forms contain information on various export licenses used by the country’s firearms and ammunition exporters.
The United Kingdom’s Department for International Trade on Dec. 20 updated its collection of open general export licenses for exports to Saudi Arabia. The changes updated OGELs and open general trade control licenses that permit exports to Saudi Arabia and its coalition partners carrying out military operations in Yemen, the DIT said.
A “new collection format” for the Directorate of Defense Trade Controls’ Commodity Jurisdiction form DS-4076 is now available on the Defense Export Control and Compliance System portal, DDTC said in a Dec. 23 notice. The changes “address additional sources of jurisdiction considerations and refinements to the supporting information,” the notice said. Previous submissions are available through the DECCS CJ Launching Pad, the agency said. DDTC is urging users with existing forms in “Draft” status to review the form before submitting to “verify accuracy of the entire form.” For completed forms, the agency said, the original submission’s documentation is available as a PDF, which “ensures the historical accuracy of the submissions, while keeping the system in line with the current version of the form.”
Latvia’s Financial and Capital Market Commission (FCMC) fined a Swedish bank more than $1.8 million dollars for anti-money laundering and sanctions violations, the FCMC said in a Dec. 20 press release. The bank, AS SEB banka, did not “fully” ensure its clients were not participating in money laundering activities, the press release said, and did not properly screen a customer for sanctions violations. After the violations, the bank “independently” improved its anti-money laundering compliance program, FCMC said. The agency also said the “risk level” of the violations were “low” and the bank followed through on the settlement agreement, which included two external audits, an improved “internal documentation” system and an improved information technology system to “monitor customer transactions.”
Export Compliance Daily is providing readers with some of the top stories for Dec. 16-20 in case you missed them.
The European Union plans to finish rolling out its electronic licensing regime for dual-use exports by 2021, said Gabriela Stoica, a lead analyst of digital trade policy at the European Commission. The regime is being tested by four member states -- Latvia, Italy, Romania and Greece -- and the commission plans to add Belgium as a pilot tester soon, Stoica said. In the program’s next step, the commission plans to launch an e-licensing platform for steel and aluminum imports under the EU’s prior surveillance licensing regime. Stoica said those e-licenses will be “fully live with all member states” by Dec. 31.