The Biden administration unveiled a new strategy to counter corruption, and officials said they are planning new sanctions in the coming days to target corrupt actors and other international criminals. As part of the strategy, which came after a 200-day review by federal agencies to determine how the U.S. can better curb illicit finance, the administration will increase anti-corruption work at the Treasury, State and Commerce departments, according to a Dec. 6 White House fact sheet. The U.S. also will take “meaningful steps” to stop corrupt actors from using the U.S. and the international financial systems.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The Commerce Department will soon launch a new feature to automatically warn filers if they are exporting a controlled item without a license, an improvement the agency hopes leads to better due diligence among exporters. The agency will deploy the Automated Export System feature Jan. 13, 2022, the Census Bureau said in a Dec. 6 email to industry. The announcement has been expected since October (see 2110180027). The new feature will alert exporters that incorrectly list License Requirement NLR (No License Required) for shipments that require a license under the Export Administration Regulations. The message will appear with the response code 66Q and will serve as a warning message to filers for the first six months after the Jan. 13 effective date, Census said. After the six-month period, the agency will upgrade the warning to a “fatal” error, which will block the exporter from moving forward with the filing. Exporters having difficulties with the error message or reporting their information correctly but still receiving the message should email the Bureau of Industry and Security at ECDOEXS@bis.doc.gov, Census said. Exporters should ask about the Export Control Classification Number associated with their export and any other “additional licensing authorization that may be required,” Census said.
A European Union proposal to restrict imports of goods that contribute to deforestation could place broad and “onerous” due diligence requirements on EU importers and their foreign suppliers, law firms said. Although the rules aren’t yet final and may be loosened, they will inevitably increase enforcement risks for companies that trade a range of products, the firms said, including soy, beef, palm oil, wood, cocoa and coffee.
The Office of Foreign Assets Control this week sanctioned an additional 20 people, 12 entities and three aircraft for aiding the Alexander Lukashenko regime in Belarus. The agency also imposed new restrictions on dealings in Belarusian sovereign debt, and issued a new general license and 10 new frequently asked questions to provide guidance on the new sanctions.
Barring a steep drop in demand, port congestion and supply chain problems are unlikely to improve next year, and shippers should continue to expect container issues and equipment shortages, Flexport CEO Ryan Peterson said. But companies can take steps to mitigate issues caused by delays and high container fees, including routing shipments away from highly congested ports and minimizing empty space in containers.
While the U.S. and the European Union should continue to collaborate on export controls and investment screening efforts, cooperation on financial sanctions may be more difficult and may not be feasible in some cases, panelists said. Any trade or investment restrictions that rely on financial market leverage will be more difficult for the EU to implement, they said.
The U.S. and the European Union should pursue multilateral export controls, reexamine restrictions on certain munitions-related items and work together to better harmonize decisions on license denials, industry and academia said. The U.S. and EU released a joint summary Dec. 1 of those recommendations, which were made during an Oct. 27 virtual meeting on dual-use export controls (see 2110190020) to discuss areas of priority for the U.S.-EU Trade and Technology Council.
Officials are hopeful the African Continental Free Trade Agreement (see 2108180020) will continue to facilitate more trade next year, but several obstacles are still hindering the deal, including a lack of customs infrastructure and export capacity among some member states. Wamkele Mene, secretary general of the AfCFTA secretariat, said members are continuing to show progress but much more work needs to be done, even as the AfCFTA inches closer to full ratification among the African Union's 55 states.
The Bureau of Industry and Security is seeking public comments on areas and priorities for export control cooperation between the U.S. and the European Union, the agency said in a notice. The comments will help inform the work of the recently established U.S-EU Trade and Technology Council and its export control working group, including efforts to harmonize controls over dual-use items and emerging technologies (see 2109290083 and 2110010036). Comments are due Jan. 14, 2022.
The ports of Los Angeles and Long Beach again postponed a new surcharge meant to incentivize the movement of dwelling containers, the two ports announced Nov. 29. The ports originally said they would begin imposing the fee Nov. 15 (see 2111030027) but have postponed it several times (see 2111150054). The fee will now "not be considered prior" to Dec. 6, the ports said.