U.S. sanctions and export control agencies this week warned foreign companies about the risks they may face for poor compliance with U.S. trade rules, saying the government can pursue civil and criminal penalties against businesses for a range of transactions that take place outside U.S. borders. The new “tri-seal compliance note” published by DOJ, the Commerce Department and the Treasury Department includes a list of activities that most commonly place foreign firms at risk, outlines how U.S. export licensing requirements can apply to shipments through third countries, and summarizes recent enforcement actions taken by all three agencies to punish violators.
The Group of 7 should expand membership and use the forum to create a new multilateral export control regime for critical and emerging technologies, which could help replace the outdated Wassenaar Arrangement, said Emily Benson, a trade and technology policy expert. She said G7 nations are open to the idea, although she believes the U.S. hasn’t yet decided on the best path forward.
Sen. Richard Blumenthal, D-Conn., who chairs the Senate Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, has asked the Commerce Department for several types of information to help his panel better understand how Russia overcame export controls and sanctions to obtain U.S. technology for its military.
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 2023.
American chip company Applied Materials has received multiple U.S. government subpoenas in recent months -- including one from the Bureau of Industry and Security -- asking for information about its exports to Chinese customers.
The compromise six-bill appropriations package that congressional negotiators unveiled March 3 contains $191 million for the Bureau of Industry and Security in FY 2024, the same as the FY 2023 enacted level and $31 million below the Biden administration’s request.
Several companies recently disclosed potential export control or sanctions violations or updated the status of their current disclosures, including several technology businesses, a pharmaceutical company and a cryptocurrency software platform company. The disclosures describe potential violations of U.S. sanctions against several countries -- including Russia, Iran and North Korea -- and one company receiving a no-action letter from the Office of Foreign Assets Control.
Companies should continue to see more Chinese additions to the U.S. Entity List this year, although Russia sanctions likely will continue to dominate the government’s time and resources, trade lawyers said this week.
The Commercial Customs Operations Advisory Committee’s Export Modernization Working Group published a draft recommendation and a summary of its recent work ahead of the COAC’s March 6 meeting (see 2402150016).
New regulations that the Commerce Department is considering for commercial gun export licenses would “devastate” the American firearms industry by imposing overly burdensome requirements, Sen. Mike Lee, R-Utah, and 11 other Republican senators told the agency.