A new rule that would impose a three-day deadline for certain responses to the Committee on Foreign Investment in the U.S. was unanimously criticized by several law firms, an industry group and the Chinese government, which said such a time frame doesn’t take into account the complex, time-consuming discussions companies must have when dealing with CFIUS. Some commenters also asked the committee to nix a proposed change that would raise the maximum penalty for violations from $250,000 per violation to $5 million, saying most violations are accidental, and the increase could rattle the “confidence” of foreign investors.
China will place export controls starting June 1 on various military and dual-use equipment, software and technology, including items used in the aerospace and shipbuilding industries, along with “ultra-high molecular weight polyethylene fibers,” the country’s commerce Ministry said May 30, according to an unofficial translation.
EU foreign ministers and officials this week called on the bloc to better control exports of dual-use technologies, adding that they want European nations to coordinate more closely on new restrictions and hold regular meetings to discuss “key export control policy issues.” They also want the bloc to work on a new law that would allow member states to formally adopt controls agreed to at the Wassenaar Arrangement, even if they’re blocked by Russia.
The State Department should expand a carve-out in the U.S. Munitions List to make it easier for U.S. companies to export spacecraft that refuel other ships in space, said Orbit Fab, a company that develops in-space refueling systems. Orbit Fab said the existing exemption may be outdated, and an update could better support “U.S. and allied nations efforts in space.”
The U.S. and other countries imposing sanctions and export controls on Russia need a more “aggressive” plan to cripple Moscow’s war effort, a group of researchers and economists said, including through tighter financial restrictions, new bans on Russian commodities and broader export controls. They also said American lawyers should have to follow strict due diligence and reporting rules when taking on clients with ties to Russia, and said the price cap on Russian oil should be lowered.
The Office of Foreign Assets Control revised its Cuba sanctions this week to loosen restrictions on a range of activities and transactions, including for certain financial and internet services. Some changes will allow certain Cuban nationals to open and remotely use U.S. bank accounts and will authorize certain Cuba-related remittances and payments that were restricted by the Trump administration.
The U.S.-China Economic and Security Review Commission should push Congress to devote more funding to the Bureau of Industry and Security, Commissioner Michael Kuiken said during a commission hearing last week.
The State Department this week announced penalties on three people and two entities and their subsidiaries for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act.
The U.S. government should combine its various export control and sanctions lists into two distinct lists, which could allow the government to better implement trade restrictions and improve industry compliance, a congressional commission heard this week. The commission also discussed whether U.S. export control agencies should have to release more information about their licensing decisions, with one witness saying more transparency would increase business certainty, while another said it would discourage candor between the government and exporters.
The Council of the European Union last week officially adopted new EU-wide supply chain due diligence rules that will require certain companies to conduct specific due diligence on their supply chains, including to root out forced labor.