The Bureau of Industry and Security and the Financial Crimes Enforcement Network this week issued another set of export control evasion red flags for financial service firms along with a new key term that banks and others can include in their suspicious activity reports to FinCEN. The new term will “enable even more BIS investigative and Entity List actions against” people and companies looking to evade U.S. export controls, said Matthew Axelrod, BIS’ top export enforcement official.
CBP officers seized a shipment of China-bound deuterium cylinders that was exported without a license, the agency said in a statement on Oct. 31. The shipment, which was seized on Oct. 18 in Norfolk, Virginia, was worth a little more than $175,000, CBP said.
The Bureau of Industry and Security last week completed rounds of interagency review for two rules, including one that could make changes to a license exception in the Export Administration Regulations.
As the EU implements its new import restrictions on Russian iron and steel, European companies are starting to ask U.S. exporters whether their products contain those Russian metals, said Scott Gearity, a consultant with the Export Compliance Training Institute. Gearity said most U.S. companies shouldn’t face any legal issues in making that certification, and Bailey Reichelt, a lawyer with Aegis Trade Law, stressed that companies don’t need to include an end-use statement as part of every benign contract, a practice that could scare potential customers that don’t deal in items subject to trade controls.
Companies receiving a subpoena from U.S. sanctions and export control agencies should be “careful not to over respond,” which can lead to more questions from the government and potentially an expanded investigation, Torres Trade Law said in an Oct. 31 client alert. Although businesses receiving a subpoena are generally required to respond, the company should first take time to determine why it received the request and have “internal discussions with relevant personnel to gain an understanding of the situation before submitting a response.” It’s “always a good idea to review the scope of an information request and be deliberate in responding within those parameters,” the firm said.
The U.S. this week announced a spate of new Russia-related sanctions and export controls, targeting people and companies supplying Russia’s military, aiding its defense industrial complex or operating in various Russian financial, metals, government and procurement sectors. The measures include additions to the Commerce Department’s Entity List and more than 200 combined sanctions by the Treasury and State departments targeting businesses in China, the United Arab Emirates and elsewhere for sending export-controlled components to Russia.
The Bureau of Industry and Security is inching closer toward potentially publishing a final rule that could revise export licensing requirements for certain cameras, systems or related components. The rule, sent for interagency review Oct. 31, will “better align controls with technological and commercial developments,” BIS said. The rule has been on the BIS regulatory agenda for several years (see 2307170038, 2206270007 and 2112210044).
The U.S. this week unsealed two indictments charging multiple people in schemes to deliver export-controlled dual-use goods to Russia. In both cases, DOJ charged Russian nationals and others with using Brooklyn-based companies to buy goods on behalf of sanctioned end-users or others connected to Russia's military.
The Bureau of Industry and Security added 13 entities from Russia and Uzbekistan to its Entity List for helping Russia procure and develop unmanned drones. The entities, listed in a final rule effective Nov. 2, are subject to license requirements for all items subject to the Export Administration Regulations, and licenses will be reviewed under a policy of denial, apart from certain food and medicine. The entities are also subject to licensing restrictions under the BIS Russia/Belarus-Military End User Foreign Direct Product rule.
The Bureau of Industry and Security is preparing to revamp its website, said Tirrell McKnight, an official with the BIS western regional office. She said the site is in "beta evaluation" and could be launched as soon as January. "We have heard from you all that it's cumbersome and it's dated," McKnight said Oct. 28 during the Pacific Coast Council's Western Cargo Conference, known as Wesccon. "Look for an upgrade to our website relatively soon."