International law firm Akin Gump has partnered with Palantir Technologies to create RegSpot, a digital services platform intended to help Akin Gump's clients address their legal needs and compliance issues, a Feb. 18 news release said. The platform's first module is designed to help with due diligence concerns involving U.S. export restrictions on transactions involving military end-use or end-users (MEU) in designated countries. Dubbed the “MEU Tool, powered by Palantir,” the module is intended to streamline the due diligence process of collecting and reviewing the relevant information while incorporating Akin Gump's assessment capabilities to respond to the legal risks posed by certain transactions, the release said. “With the increasing complexities of U.S. export controls, companies face the daunting task of conducting sufficient due diligence to identify and respond to red flags,” Tom McCarthy, Akin Gump’s head of international trade practice, said. “The MEU Tool helps provide an auditable process that promotes consistency, reduces human errors, and serves as a recordkeeping tool to demonstrate a company’s compliance efforts. This function is critical as companies face increasing scrutiny from regulators in an ever-changing legal landscape.”
The United Kingdom's Office of Financial Sanctions Implementation announced the addition of three senior generals in the Myanmar military to its sanctions list following the military coup in the country. In a Feb. 18 release, Britain added Soe Htut, Than Hlaing and Mya Tun Oo to the list, barring any U.K. entities from dealing with these members of the military. The U.K. is just one of many countries to enact sanctions on Myanmar and high-ranking military officials following the coup, with the U.S. enacting similar sanctions on Feb. 10 (see 2102100060). “We, alongside our international allies, will hold the Myanmar military to account for their violations of human rights and pursue justice for the Myanmar people,” British Foreign Secretary Dominc Raab said in a statement.
The Bureau of Industry and Security issued orders temporarily denying export privileges for two people involved in illegal exports. Jesse Rodriguez was convicted Jan. 16, 2019, of helping to sell controlled ammunition -- including .223 and 7.62 caliber ammunition -- from the U.S., BIS said in a Feb. 19 order. Rodriguez was sentenced to 30 months in prison, one year of supervised release and a $100 assessment. BIS denied Rodriguez’s export privileges for five years from the date of conviction. Fahad Saleem Kharbey was convicted May 31, 2019, of illegally exporting controlled firearms and magazines from the U.S. to the United Arab Emirates, BIS said in another Feb. 19 order. Kharbey was sentenced to 36 months in prison, three years of supervised release and a $200 assessment. BIS denied Kharbey’s export privileges for seven years from the date of conviction.
The House Foreign Affairs Committee’s top Democrat and top Republican urged the Biden administration to sanction those responsible for the murder of an anti-Hezbollah activist in Lebanon earlier this month. Reps. Gregory Meeks, D-N.Y., and Michael McCaul, R-Texas, on Feb. 18 asked Biden to impose sanctions under the Global Magnitsky Human Rights Accountability Act for the assassination of activist Lokman Slim, saying the murder “could constitute a sanctionable gross violation of internationally recognized human rights.”
Rep. Mark Green, R-Tenn., reintroduced a bill Feb. 18 that would control the export of certain technology and intellectual property to China. The legislation was previously introduced in 2019, and it is among a slate of bills “to confront the Chinese Communist Party’s malign influence” reintroduced by Green.
An American animal pharmaceutical company may have violated U.S. sanctions after acquiring a company that illegally sold goods to Iran, Zoetis disclosed in a Feb. 16 Securities and Exchange Commission filing. Zoetis said it acquired Platinum Performance in August 2019 and soon discovered that Platinum had sold food, medicine or “devices” to people or entities with ties to Iran, adding that the sales were not approved by a Treasury Department general license. Zoetis submitted an initial voluntary disclosure to the Office of Foreign Assets Control in February 2020 while it conducted an internal investigation, and in December 2020 submitted a final disclosure to both OFAC and the Justice Department. The agencies have said they don't comment on ongoing investigations.
The Bureau of Industry and Security on Feb. 19 issued a new set of frequently asked questions and revised another set of FAQs to provide guidance on export and record-keeping requirements for shipments to Hong Kong and China. The new guidance explains how exports destined to Hong Kong are treated under the Export Administration Regulations, what license exceptions are still available and whether certain goods require a license. The revised set of FAQs covers record-keeping requirements for those exports. The guidance came about two months after BIS removed Hong Kong as a separate destination from China under the EAR (see 2012220053) and after its July suspension of certain license exceptions for exports to Hong Kong (see Ref:2006300050]).
A Commerce Department rule designed to cut off U.S. shipments to foreign military intelligence agencies in China, Russia and beyond could create a host of due-diligence issues for exporters, industry lawyers said. Those issues could be compounded by industry uncertainty surrounding the scope of the rule, which may be unclear without BIS guidance. “We're getting an enormous number of questions,” said Giovanna Cinelli, an export control lawyer with Morgan Lewis. “I think the rule is open to interpretation, and that’s creating uncertainty.”
The State Department’s Directorate of Defense Trade Controls’ Defense Export Control and Compliance System will be unavailable 6 a.m. to 8 a.m. EST Feb. 22 for maintenance, DDTC said. DDTC is encouraging users to make sure their work in progress is saved before the scheduled maintenance.
An Atlanta-based Bitcoin service provider was fined more than $500,000 for allowing people in sanctioned countries to use its services. BitPay committed more than 2,000 sanctions violations when it allowed people in Cuba, North Korea, Iran, Sudan, Syria and the Crimea region of Ukraine to use digital currency on the company’s platform to transact with U.S. parties, the Office of Foreign Assets Control said Feb. 18. The company allowed the transactions even though it had information that revealed the people were located in sanctioned regions, OFAC said, adding that “deficiencies” in the company’s compliance program led to the violations. The agency said BitPay allowed $129,000 worth of digital currency transactions that should have been blocked.