The past several weeks at U.S. sanctions agencies have ranked among the busiest times in recent memory, especially at the Office of Foreign Assets Control, where some employees are working nearly nonstop to implement and enforce new sanctions against Russia, former officials said in interviews. While some former officials said the extra work could shift minor projects to the side, lawyers are concerned it could also delay more pressing agency priorities, including licensing requests.
U.S. companies that sell defense products or services to foreign countries or entities must report all offsets agreements greater than $5 million to the Bureau of Industry and Security by June 15, the agency said in a notice. Companies also must report information on offsets transactions completed “in performance of existing offsets commitments for which offsets credit” of $250,000 or more “has been claimed from the foreign representative,” the notice said. Commerce is asking for reports of offsets transactions that took place during calendar year 2021.
The Bureau of Industry and Security is seeking comments on an information collection related to its Simplified Network Application Process - Redesign, which allows users to submit export license applications, commodity classification requests and other applications to BIS via the internet, the agency said in a notice. Comments are due May 24.
The Bureau of Industry and Security sent a proposed rule for interagency review that could place new export controls on certain “marine toxins.” The rule, sent for review March 21, proposes changes to the Commerce Control List to reflect revisions recently made at the Australia Group, a multilateral export control group for chemical and biological weapons. If approved by the interagency, the proposed rule will request public comments on the control changes.
The Bureau of Industry and Security on March 17 issued three frequently asked questions to address matters surrounding the savings clauses in export control rules for Russia and Belarus (see 2202240069 and 2203020072). The FAQs clarify which activities and transactions are captured by the clauses, provide details around the effective dates of the clauses, and clarify whether the clauses would cover an order when the ultimate consignee is a warehouse or distributor.
The Bureau of Industry and Security last week released a list of commercial and private aircraft that have violated U.S. export controls by flying into Russia and which require a license for “any form of service.” The agency said it will impose penalties, jail time or loss of export privileges for any company or person that violates the Export Administration Regulations by providing “any form of service” to the aircraft without a required BIS license.
The Census Bureau issued March 15 guidance on recent changes to the Automated Export System that accommodate new export controls on cybersecurity items (see 2110200036). AES now includes license code 64 for newly created License Exception Authorized Cybersecurity Exports, which authorizes exports of certain cybersecurity items. The guidance includes information on how to use the new license code and which Export Control Classification Numbers, modes of transportation and Export Information Codes are eligible. The license exception, which the Bureau of Industry and Security announced in October along with new export controls for certain cybersecurity items, took effect March 7 (see 2201110025).
As the U.S. continues to tighten Russia export controls (see 2203110056), more companies may ask customers to sign end-use statements as a way to document their due diligence, said Marwa Hassoun, a trade lawyer with ArentFox Schiff. Businesses must also make sure they are taking certain minimum compliance steps to comply with U.S. sanctions, said ArentFox Schiff sanctions lawyer Matthew Tuchband, including more regular screening of restricted party lists.
The Bureau of Industry and Security issued a list of about 100 commercial and private aircraft that have violated U.S. export controls by flying into Russia, including planes operated by the country’s main airline operators and one owned by a Russian oligarch. BIS said it will impose penalties, jail time or revoke export privileges for any company or person that violates the Export Administration Regulations by providing “any form of service” to the aircraft without a required BIS license. The list includes planes owned by Russian airlines Aeroflot, AirBridgeCargo and Utair and Russian businessman Roman Abramovich.
The Bureau of Industry and Security's Office of Export Enforcement detained two speedboats destined to Russia earlier this month, an agency spokesperson said March 16. The boats, worth a combined $150,000, were detained at the Port of Charleston on March 2 before they could be exported to a large distributor of yachts and boats in Russia, the spokesperson said. The agency released a picture of one of the boats, saying the exporter failed to obtain an export license. BIS said the shipment was subject to new Russian export restrictions that took effect last month (see 2202240069).