Rep. Michael McCaul, R-Texas, recently offered several amendments to the 2022 National Defense Authorization Act, including provisions relating to export control statistics, the Entity List and sanctions.
The Office of Foreign Assets Control sanctioned a large virtual currency exchange for helping to facilitate transactions related to illegal ransomware attacks, and updated an advisory on the risks associated with facilitating ransomware payments. The Sept. 21 designation targets SUEX OTC, S.R.O., which has processed transactions involving illegal proceeds from at least eight ransomware variants, OFAC said. The agency said that more than 40% of SUEX’s “known transaction history is associated with illicit actors.”
Several U.S. national security agencies are split on whether to add Chinese smartphone maker Honor Device to the Entity List, The Washington Post reported Sept. 19. While the Commerce and State departments said Honor shouldn't be added to the list, the Defense and Energy departments last week supported adding the company. Federal Communications Commissioner Brendan Carr said Honor should be blacklisted because Huawei, which formerly owned Honor as its smartphone company, is using it to evade U.S. export restrictions. “This isn't a close call,” Carr said in a Sept. 20 tweet. The issue has been “appealed to the political-appointee level” at each of the agencies, the report said, and could be escalated to the Cabinet level and eventually President Joe Biden in the case of a deadlock.
Export Compliance Daily is providing readers with the top stories for Sept. 13-17 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
Two nominees to lead the Bureau of Industry and Security said they will prioritize stopping illegal technology exports to China and are willing to bypass multilateral controls on certain sensitive technologies if unilateral restrictions are warranted. But Alan Estevez, President Joe Biden’s nominee for BIS undersecretary, and Thea Kendler, the nominee for assistant secretary for export administration, also stressed that export control cooperation with allies is crucial and committed to working to convince trade partners to adopt more controls.
Christopher Stagg joined Miller & Chevalier as counsel in its International Department, the firm announced. Stagg formerly served as a senior policy adviser with the Directorate of Defense Trade Controls at the State Department, where he worked as the deputy lead in rewriting the International Traffic in Arms Regulations and Export Administration Regulations, the firm said. This work also entailed revising the U.S. Munitions List and Commerce Control List. At his own firm, Stagg cultivated experience on export controls, economic sanctions and Committee on Foreign Investments in the U.S. matters, the firm said.
The European Union General Court dismissed the applications of 10 Democratic Republic of the Congo nationals to drop their 2019 sanctions relistings, in 10 opinions Sept. 15. The European Council's reasoning for the relistings was sufficient to allow the DRC nationals to challenge the validity of the acts, the court held. The EC also guaranteed their right to be heard by taking the applicants' observations and providing specific explanations, the court said. Even if the applicants were no longer DRC officials, the court said that the EC established enough of a link between the human rights situation in the DRC and the applicants.The orders concerned the applications of Jean-Claude Kazembe Musonda, Alex Kande Mupompa, Ferdinand Ilunga Luyoyo, Kalev Mutondo, Emmanuel Ramazani Shadary, Eric Ruhorimbere, Gabriel Amisi Kumba, Evariste Boshab, John Numbi and Celestin Kanyama.
The State Department’s Directorate of Defense Trade Controls will soon publish an amendment to the International Traffic in Arms Regulations to reflect new U.S. sanctions against Ethiopia (see 2109170036), the agency said Sept. 17. DDTC said it’s implementing a policy of denial for exports of defense articles and defense services “to or for the armed forces, police, intelligence, or other internal security forces” of Ethiopia and Eritrea, and will soon make the change official in the ITAR.
The Bureau of Industry and Security sent an interim final rule for interagency review that could affect certain information security export controls for cybersecurity items. The rule, received by the Office of Information and Regulatory Affairs Sept. 17, builds upon a proposed rule published by BIS in 2015 that was intended to gather feedback on new Wassenaar Arrangement controls on some cybersecurity items. At the time, BIS said public comments “revealed serious scope and implementation issues regarding these controls,” so the agency returned to Wassenaar to renegotiate the controls. The interim final rule, if approved and published, could outline the “progress” BIS made during the renegotiation and make changes to the Commerce Control List.
Foreign direct investment between the U.S. and China involving technologies dropped 96% from 2016 to 2020, while overall investment dropped by about 75%, Bain & Company said in a Sept. 20 report. The consulting firm pointed to various potential reasons for the steep decline, including the spike in investment and export scrutiny by the U.S., which has strengthened its foreign investment screening tools and export controls in recent years to specifically target China (see 2001140060 and 2103030057).