Several companies recently disclosed their filings with the Committee on Foreign Investment in the U.S. or updated the status of their ongoing CFIUS reviews. Transactions involve Chinese technology companies, an agricultural technology business and a workplace learning technology provider.
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 Treasury Department’s Financial Crimes Enforcement Network fined one of the world’s largest cryptocurrency exchange companies $100 million for failing to maintain a compliant anti-money laundering program, which violated the Bank Secrecy Act, according to a recent penalty notice. The violations also exposed other BitMEX compliance issues, including its deficient sanctions screening.
The Biden administration will maintain a Trump-era policy that loosened export restrictions on certain unmanned drones, a decision that drew applause from the aerospace defense industry last year but sparked concern from some lawmakers.
More than 80 agricultural trade groups are endorsing a bipartisan House bill they say would address unreasonable detention and demurrage practices and ocean carriers’ refusal to carry U.S. exports in favor of imports. The Ocean Shipping Reform Act of 2021, introduced Aug. 10 by Reps. John Garamendi, D-Calif., and Dusty Johnson, R-S.D., aims to support the “growth” of exporters by holding carriers accountable for their unfair fees and declined export bookings, according to a fact sheet from the Agriculture Transportation Coalition.
Hong Kong Chief Executive Carrie Lam said she supports adding China’s anti-foreign sanctions law to Hong Kong’s constitution, a move that would potentially add more challenges for global companies trying to navigate U.S. sanctions compliance and China’s business environment.
President Joe Biden issued a new executive order to expand existing U.S. sanctions authorities against Belarus and issued a host of new designations targeting the country’s government for last year’s “fraudulent” presidential elections. The Aug. 9 order authorizes sanctions against a broad range of government officials, oligarchs, entities and private companies, including those operating in Belarus’ defense, energy, security, potassium chloride, transportation and construction sectors. Sanctions are also authorized against people or entities with links to “public corruption” in Belarus or transactions deemed to be “deceptive or structured” to evade U.S. sanctions on behalf of the Belarusian government.
A California electronics company was fined $6.6 million by the State Department’s Directorate of Defense Trade Controls after it illegally exported technical data and software to more than 15 countries, including China, DDTC said Aug. 9. DDTC said Keysight Technologies, which makes electronic test and measurement equipment and software, committed 24 violations of the International Traffic in Arms Regulations, including unauthorized exports while the companies still had an outstanding commodity jurisdiction request pending with the State Department.
Enforcement of the Foreign Corrupt Practices Act and other global anti-bribery regulations is rising, compliance experts said. Companies may still risk violating anti-bribery laws even while working remotely during the pandemic and should make sure their compliance procedures are being followed, they said.
The U.S. needs to expand export and investment restrictions to prevent China from acquiring advanced semiconductor equipment and other sensitive technologies, former national security officials told Congress this week. One official specifically said the Commerce Department’s Bureau of Industry and Security should impose export controls more actively. Another said the Committee on Foreign Investment in the U.S. needs more resources.
Companies seeking to implement global export compliance procedures should be careful to not base their compliance program on only U.S. regulations, especially as more countries introduce export control regimes, industry officials said. New export control regimes in the European Union (see 2105100013), the Philippines and other regions could create compliance challenges and add to resource constraints for global companies if not properly managed, they said.