The European Commission will present ideas this year on a potential outbound investment screening regime, which could look to prevent European investments in sensitive Chinese technology sectors, Commission President Ursula von der Leyen said last week. She also said the EU will consider new trade restrictions on dual-use goods, including those that may be used for human rights abuses.
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 Office of Foreign Assets Control on March 31 fined a California money services firm just over $72,000 for violating U.S. sanctions against Iran, Cuba and Venezuela. OFAC said Uphold HQ, a global digital trading platform, failed to screen transactions for customers located in Iran or Cuba and for employees of a sanctioned Venezuelan energy company, resulting in 152 transactions worth more than $180,000.
The U.S. last week fined Wells Fargo nearly $100 million for allegedly breaching U.S. sanctions against Iran, Syria and Sudan, violations that stemmed from its "unsafe or unsound" sanctions compliance practices. The bank was fined $30 million by the Treasury Department's Office of Foreign Assets Control and $67.8 million by the Federal Reserve after OFAC said Wells Fargo's subsidiary allowed a European bank to use its trade finance platform to process more than $500 million in sanctioned transactions.
Japan last week said it plans to impose new export controls on certain semiconductor manufacturing equipment, a move that could align its restrictions with some of the sweeping China controls released by the U.S. in October. The Japanese restrictions will apply to 23 types of chip items and covering six categories of equipment used in chip manufacturing, including cleaning, deposition, lithography and etching, Reuters reported March 31.
The U.S. and more than 20 of its allies this week released an export controls code of conduct, establishing a new forum for “subscribing states” to share information and stop technologies from being used for human rights violations. The Bureau of Industry and Security also issued new guidance describing how it factors human rights issues into its export application decisions and outlining the due diligence responsibilities of exporters.
The Bureau of Industry and Security this week announced a 20-year export denial order against a Montana resident and his two companies for violating U.S. export controls against Iran. BIS in June charged Kenneth Scott and his companies, Scott Communications and Mission Communications, with shipping export-controlled radios knowing they would be delivered to Iran, failing to maintain export records, making false statements to FBI and BIS agents and more (see 2206100053).
The EU and the U.K. are stepping up Russia sanctions enforcement, mirroring U.S. efforts to increase prosecutions and designations of companies helping Moscow evade trade restrictions, two Europe-based lawyers said this week. They said European countries are increasingly taking steps to expand the extraterritorial reach of their sanctions authorities, warning companies to make sure they’re conducting careful due diligence.
The U.S. should tighten its export controls to prevent Russia from acquiring U.S. technologies through international space cooperation activities, said Benjamin Schmitt, a national security and export control researcher at the University of Pennsylvania. Schmitt, speaking during a March 29 event hosted by the Atlantic Council, said the U.S. specifically needs to impose more restrictions around what types of items it shares with Russians in the International Space Station context.
The Bureau of Industry and Security this week added 11 entities in China, Myanmar, Nicaragua and Russia to the Entity List for various activities that have contributed to human rights abuses, the agency said in a final rule effective March 28. The entities include procurement firms, a police entity and technology and electronics companies, including several subsidiaries of Chinese surveillance company Hikvision, which was added to the Entity List in 2019 (see 2205090014).
The State Department this week extended its open general license pilot program for three years, allowing users to continue using the licenses beyond the original July 31 expiration date. The agency’s Directorate of Defense Trade Controls said the extension will help it “collect sufficient data to consider the usefulness” of the pilot -- which includes a license each for certain reexports and retransfers -- and will give companies “sufficient certainty” to continue relying on the licenses “without fear that they could expire more quickly than a traditional license.”