The Bureau of Industry and Security's decision to eliminate reporting requirements for encryption items (see 2103260019) should substantially ease reporting burdens for certain companies, law firms said. Although the changes will affect a narrow set of exports, they’re expected to provide significant relief for companies that ship mass market encryption items or publish source code software online, the firms said.
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.
As commercial ships worldwide continue to try to evade sanctions, U.S. authorities are increasingly monitoring industry compliance with maritime sanctions regulations, compliance experts said. The U.S. underscored maritime sanctions compliance last year after it issued guidance on common evasion practices, setting high expectations for industry compliance, the experts said.
The U.S. is ceding its strategic and trade advantages in the Indo-Pacific to China, which is expanding its influence through technology exports and outbound technology investments, the Center for a New American Security said in a March 31 report. The Joe Biden administration can reverse the trend through closer cooperation with allies in the region, including Japan and India, which have been willing to deny certain Chinese investments and object to coercion attempts, CNAS said.
The State Department will urge the Treasury Department to not renew a Belarus-related general license following the country’s disputed presidential elections last year and its violent crackdown on peaceful protester (see 2012230030), an agency spokesperson said. The general license, which has been renewed by the Office of Foreign Assets Control every year since 2015, authorizes certain transactions with nine Belarusian entities and is scheduled to expire April 26.
The Office of the U.S. Trade Representative released the 2021 National Trade Estimate Report on Foreign Trade Barriers, detailing foreign market access barriers faced by U.S. exporters. The 574-page report examines 65 U.S. trading partners and country groups, including any import policies, tariffs, customs, procedures and phytosanitary measures that are restricting U.S. goods.
The State Department on March 31 issued its annual report to Congress certifying that Hong Kong doesn’t warrant differential treatment from mainland China under U.S. law. The report follows a determination last year by the Trump administration that Beijing’s so-called national security law was infringing upon Hong Kong’s autonomy, which led to a series of U.S.-imposed trade restrictions, sanctions and export controls (see 2005270026, 2012220053 and 2103170027). Secretary of State Antony Blinken said the U.S. will continue to work with Congress and allies “to stand with people in Hong Kong against [China’s] egregious policies and actions.”
The U.S. shouldn't pursue sanctions against Nord Stream 2 and instead should focus on working with European countries to find an alternative to the Russian gas pipeline project, said Daniel Fried, the former senior director of the National Security Council for presidents Bill Clinton and George W. Bush. Although Fried said the project is a “dumb idea,” he also said he’s “not a big fan of trying to kill Nord Stream 2” with sanctions. “Let's find another way than a sanctions war with Germany,” Fried said during a March 30 event hosted by the German Marshall Fund of the U.S.
The Joe Biden administration’s trade agenda should prioritize export control cooperation with Europe, work to remove trade barriers for U.S. exporters in Asian markets and address unfair Chinese trade practices, a U.S. technology industry group said. If U.S. Trade Representative Katherine Tai promotes the right trade “goals,” the U.S. can “re-establish” its technology leadership and boost export competitiveness, the Information Technology Industry Council said in a March 30 letter to Tai.
The Office of Foreign Assets Control fined an Italian gas equipment manufacturer $950,000 for violating U.S. sanctions against Iran, OFAC said in a March 26 notice. The company, Nordgas S.r.l., knowingly reexported 27 shipments of U.S.-origin “air pressure switches” to Iran, OFAC said, and caused a U.S. company to “indirectly” export goods to Iran.
The Bureau of Industry and Security revised the Commerce Control List and the Export Administration Regulations to implement changes made during the 2019 Wassenaar Arrangement plenary, the agency said in a final rule released March 26. Along with revising various Export Control Classification Numbers and correcting language in the EAR, the rule eliminated certain reporting requirements for encryption items, which BIS expects to “reduce the regulatory burden” for U.S. exporters. The changes take effect March 29.