The Bureau of Industry and Security this week posted its first tranche of Russia-related frequently asked questions to provide guidance on recent export control announcements. The FAQs cover license requirements, license application review policies, the agency's foreign direct product rules and de minimis rules, excluded countries, luxury goods, license exceptions and country group and country chart changes. The agency said it plans to update the guidance as it receives more questions and as new controls are announced.
John Beahn, former head of Shearman & Sterling's Committee on Foreign Investment in the U.S. and foreign direct investment practice, has joined Milbank as a partner, the firm announced in an email. Beahn's work will center on CFIUS matters and FDI proceedings as well as national security issues, including sanctions and arms controls, the firm said.
The U.K. will investigate whether British-made weapons parts are being used by Russia in its war in Ukraine, The Guardian reported May 2. The U.K. probe stems from a report by the Royal United Services Institute, which said Ukrainian armed forces recovered Russian weapons and systems with a “‘consistent pattern’ of dependence on foreign-made components,” including from the U.K. Although the RUSI report didn’t suggest any “wrongdoing” by U.K. manufacturers, it still “raised concerns that parts made in the UK could still find their way to Russia” despite strict export controls and sanctions.
Fiji's High Court in a May 3 order gave the U.S. and local authorities permission to seize the Amadea, a $325 million mega-yacht whose ownership is in dispute. The U.S. said sanctioned Russian billionaire Suleyman Kerimov owns the yacht. A lawyer representing the company that the vessel is registered under told Bloomberg the yacht is owned by another businessman not on any sanctions lists. The High Court further gave lawyers representing this second businessman until May 4 to file a stay order, Bloomberg reported. The U.K. and the EU in March sanctioned Kerimov for his ties to Russian President Vladimir Putin. The U.S. sanctioned him in 2018.
A bill that would require the State Department to report to Congress on whether China is helping Russians "evade or circumvent United States sanctions or multilateral sanctions and export controls," or whether China is inhibiting onsite export control end-use checks within its borders, passed the House of Representatives on a 394-3 vote on April 27. The Assessing Xi’s Interference and Subversion Act was sponsored by Rep. Andy Barr, R-Ky. , who said after its passage, "We need a full report on the extent of the collaboration between Russia and China to inform the public and enable lawmakers to begin positioning the U.S. to overcome this geopolitical challenge.” If the bill becomes law, the first report would be due in 30 days, and then reports would be due every 90 days after that.
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PHILADELPHIA -- The U.S. government is working through a range of challenges when delivering export control guidance to university researchers, government officials said, including to some colleges that opt out of certain projects rather than risk violating controls. The government is also still running into challenging questions about whether its controls should apply to fundamental research, one official said.
A lack of guidance from the Bureau of Industry and Security on its recent Russia-related foreign direct product rules is creating compliance “chaos” for companies operating in the region (see 2203070039), Torres Trade Law said in an April alert. The firm said businesses have been “left to fend” for themselves “when it comes to compliance with the new FDP rules,” partly because BIS hasn’t yet published any enforcement actions or settlements for either rule.
Laboratory instrument manufacturer Thermo Fisher Scientific Chemicals Inc. agreed to pay $25,000 to settle allegations it violated the Controlled Substances Act by illicitly buying and distributing regulated chemicals, the U.S. Attorney's Office for the District of Massachusetts announced April 29. Thermo Fisher Scientific Chemicals Inc., an affiliate of Thermo Fisher Scientific, failed to file export declarations when shipping covered chemicals to foreign customers, the U.S. Attorney's Office said. The customers were other Thermo Fisher affiliates in India, the U.K. and South Korea, according to the settlement agreement.
The U.K.'s Russia sanctions pertaining to internet-related matters went into effect April 29, imposing new restrictions on trade in services, the Foreign, Commonwealth and Development Office said. The sanctions move mandates that social media companies must take "reasonable steps" to stop the content generated directly on the platform or shared on the platform by a sanctioned individual. Further, internet service providers, including both fixed and wireless broadband providers, must also take reasonable steps to stop users of the service in the U.K. from accessing websites "provided by a designated person" (i.e., URL blocking). App stores also must take steps to stop users in the U.K. from accessing an application provided by a designated individual.