Trade Law Daily is a Warren News publication.

House NDAA Passes With Nord Stream 2, Chinese Military Company Provisions

The House-passed 2022 National Defense Authorization Act includes a provision that would mandate new sanctions against the Nord Stream 2 gas pipeline project. The amendment, proposed by Rep. Michael McCaul, R-Texas, would authorize sanctions against the project, “excluding the national security waiver,” to attempt to stop its completion. The Biden administration has issued some sanctions against the Russia-to-Germany pipeline project (see 2108230057) but has also said more U.S. sanctions wouldn’t stop the pipeline from being completed and would only cause tension with Germany (see 2107220008).

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

“I am pleased for the third year in a row Congress has taken a strong bipartisan stand against the Nord Stream 2 pipeline,” McCaul said Sept. 23. “This will ensure President Biden complies with the clear congressional intent to stop this Russian malign influence project once and for all.” Two other amendments offered by McCaul, which would have required the Bureau of Industry and Security to provide Congress with quarterly reports on certain export control licenses and place stricter licensing conditions on China’s Semiconductor Manufacturing International Corporation, weren’t included in the House’s passed NDAA (see 2109210024).

Separately, the NDAA also would require the defense secretary to submit a report to the House on the “feasibility” of creating an office within the Defense Department to “oversee sanctions with respect to Chinese military companies.” The report would be due to Congress within 90 days of the NDAA’s full passage.