The U.S. this week announced new sanctions and export controls against a host of companies and people for violating export restrictions against Russia, including a Belgian businessman and his defense component procurement network. Along with new Treasury Department sanctions, DOJ said it was preparing to release two indictments against the man, Hans De Geetere, and the Bureau of Industry and Security added De Geetere, his affiliated companies and other unrelated parties to the Entity List for illegally supplying Russia’s military and defense industrial base.
The Bureau of Industry and Security has released the beta version of its new website as it looks to officially replace its current site, which officials have called “dated” (see 2310310059). The agency said the beta site is an “in-progress version that incorporates new tools to access and use BIS regulations” but results “from this beta site may be inaccurate or incomplete and should not be relied upon for compliance with the” Export Administration Regulations.
The Bureau of Industry and Security added 42 parties to the Entity List for helping to illegally supply parts and drones to Russia’s military industrial base, performing contracts for Russian government entities or for doing business with sanctioned companies. The companies and people added to the list are located in China, Cyprus, Germany, Kazakhstan, the Netherlands, Russia and the United Arab Emirates.
End-use certificates can be a good way to mitigate some sanctions and export control risk, but “it doesn't necessarily make the risk completely disappear,” said Jan Dunin-Wasowicz, a Hughes Hubbard trade lawyer. Dunin-Wasowicz cautioned companies about relying solely on end-use and end-user statements when conducting due diligence, adding that companies can take other compliance steps to vet a transaction, especially because some customers are willing to lie about a product's end-use.
The Bureau of Industry and Security’s recent increase in enforcement of anti-boycott regulations signals the agency will “continue to be active in this space,” and companies may want to review their compliance programs, Arnold & Porter said in a Nov. 28 client advisory. “It may be time for U.S. companies and their foreign subsidiaries -- especially those conducting business in or involving the Middle East region -- to establish, review, and/or update their antiboycott compliance programs,” the firm said.
The Biden administration will soon add another industry advisory committee to provide input on U.S. export control regulations.
The House Oversight Committee is probing the Bureau of Industry and Security's 90-day suspension of new export licenses for firearms, saying the potentially “extralegal” decision was made with no explanation and infringes on the Commerce Department’s goal of increasing U.S. competitiveness. Committee Chair James Comer, R-Ky., in a letter this week to Commerce Secretary Gina Raimondo, requested a briefing on the issue by Dec. 5 and asked for a range of agency documents before Dec. 12, including any related to the decision-making process that led to the suspension announcement.
The Bureau of Industry and Security sent a final rule for interagency review that will make tweaks, clarifications and corrections to its recent chip export control updates, which were released last month and placed new license requirements on additional chips and chipmaking tools, among other changes (see 2310170055). BIS sent the correction rule to the Office of Information and Regulatory Affairs Nov. 27. BIS officials have said the agency is looking to clarify several issues with the rule that exporters have raised over the past month and correct other provisions that “may not have fully hit the mark we intended” (see 2311060067 and 2311160044).
Jose Rodriguez, an export enforcement agent with the Bureau of Industry and Security, will serve for the next year as a senior export control officer at the U.S. Embassy in Beijing, he announced last week on LinkedIn. Rodriguez was most recently an enforcement agent based in Oregon and New Delhi.
The Bureau of Industry and Security suspended the export privileges of Samantha Coronado, an inmate at a Texas federal medical center who was convicted June 23, 2022, of smuggling 730 rounds of “CBC .50 caliber ammunition” from the U.S. to Mexico. Coronado was sentenced to 46 months of “confinement,” three years of supervised release and a $100 assessment, and BIS revoked her export privileges for seven years from the conviction date.