The Treasury’s Office of Foreign Assets Control’s recent action of sanctioning Evrofinance -- a Russian bank the U.S. suspects of working with the Venezuelan government -- was a two-part warning to Venezuela, the Kremlin and others, trade lawyer and former OFAC senior sanctions policy adviser Michael Dobson said in an interview. The U.S. will not hesitate to tighten restrictions on Venezuela, Dobson said, and it does not feel constrained to sanction “outside actors” assisting the Nicolas Maduro regime. The sanction (see 1903110014), announced in a March 11 OFAC notice, will be published in the March 22 Federal Register. Dobson, now a lawyer at Morrison Foerster, said he suspects Evrofinance of being a “very narrow vehicle” set up by Russia and Venezuela to facilitate trade and to “release some of the pressure from the Maduro regime's decreasing access to U.S. dollars.” The action will likely not become a trend for Venezuela, Dobson said, but a stand-alone action wherein the U.S. was able to enforce evasions of sanctions. “I think it’s just a warning,” Dobson said, adding that as long as U.S. companies aren’t doing business with Venezuela or Evrofinance, “I don't think this is going to have significant ripple effects.”
Testing for commodity jurisdiction requests in the State Department’s Defense Export Control and Compliance System (DECCS) won’t begin until the week of March 25, the Directorate of Defense Trade Controls said in an updated message on its website. The message had previously said testing would begin March 20 (see 1903200046). “Another announcement will be posted when the system is available for testing,” DDTC said.
Valery Kosmachov was extradited from Estonia to face federal charges in the U.S. related to a "scheme to illegally procure sophisticated electronic components" and smuggle them to Russia, the Department of Justice said in a March 20 news release. The indictment was filed in September 2017 but was only unsealed on March 20, said the U.S. Attorney’s Office for the Northern District of California. Kosmachov was arrested in September 2018 and extradited to the U.S. on March 14, the DOJ said.
The Treasury's Office of Foreign Assets Control updated its Specially Designated Nationals List while also issuing an updated guide on “addressing North Korea’s illicit shipping practices,” which includes risk mitigation measures and a summary of penalties for violators, according to a March 21 notice. The changes made to OFAC’s SDN list include the additions of three individuals associated with the Democratic Republic of the Congo, an update to the SDN listing for the Islamic State of Iraq and the Levant, and the addition of two Chinese entities that violated North Korean sanctions regulations. The two Chinese entities are Dalian Haibo International Freight Co. and Liaoning Danxing International Forwarding Co., according to the notice.
Testing for the State Department’s new system for commodity jurisdiction (CJ) requests began March 20, according to a recent post on the Directorate of Defense Trade Controls website. “The application incorporates the existing web-based system into the updated [Defense Export Control and Compliance System] platform, while maintaining user ability to submit CJ requests electronically. The system will be open through March 26th to collect user feedback,” DDTC said. Questions may be directed to the IT Modernization Team at PM_DDTCProjectTeam@state.gov, DDTC said.
In the March 19 edition of the Official Journal of the European Union the following trade-related notices were posted:
The Treasury's Office of Foreign Assets Control updated its Specially Designated Nationals List with Venezuela-related designations, according to a March 19 notice. OFAC added one person and one entity to the list, and made changes to entries about seven existing people or entities on the list, the notice said. The agency also removed 12 people from its SDN list, but the names of people added to entries on the list of changes also appear in the list of those removed.
Venezuela is asking a World Trade Organization panel to intervene in U.S.-imposed sanctions on the country, including those imposed on Petroleos de Venezuela, the state-run oil company, according to a memo Venezuela sent to the WTO’s Dispute Settlement Body chairperson. The U.S. “refused” consultations with Venezuelan officials after the country requested consultations in December, prompting Venezuela to take the next step and request establishment of a WTO dispute resolution panel. In the memo, Venezuela describes the U.S. actions as “coercive and trade-restrictive measures” and an “attempt to isolate it economically.” Venezuela also called them “discriminatory.”
The State Department is increasing civil monetary penalties for violations of the Arms Export Control Act to account for inflation, it said in a notice published in the March 19 Federal Register. For violations of AECA Section 38(e) (control of arms exports and imports) the maximum penalty will rise to $1,163,217 (from $1,134,602). Penalties for incentive payments in offset agreement violations under Section 39A(c) will rise to the greater of $845,764 or five times the payment, up from $824,959 or five times the payment; and penalties for transactions with countries supporting acts of terrorism under Section 40(k) will rise to $1,006,699, from $981,935.
Export Compliance Daily is providing readers with some of the top stories for March 11-15 in case they were missed.