On December 16, 2011, the Office of Foreign Assets Control issued General License (GL) No. 11 which unblocks all property and interests in property of the Government of Libya, its agencies, instrumentalities, and controlled entities, and the Central Bank of Libya (including Libyan Arab Foreign Bank). However, all funds, including cash, securities, bank accounts, and investment accounts, and precious metals of the Libyan Investment Authority (“LIA”) and entities owned or controlled by the LIA (including the Libyan Africa Investment Portfolio) that were blocked as of September 19, 2011, remain blocked.
The State Department has issued a proposed rule to amend 22 CFR Parts 120, 122, 126, 127 and 129 of the International Traffic in Arms Regulations regarding the definitions of broker and brokering activity and related provisions. The proposed revisions are intended to clarify the scope of brokering activities, registration, prior approval and guidance, requirements and exemptions, reporting and recordkeeping, etc. The State Department is also proposing certain revisions to the DS-2032 form, the annual brokering report, and the brokering prior approval application.
The International Trade Administration has highlighted its work towards accomplishing the President's National Export Initiative (NEI) goal of doubling exports by the end of 2014. The ITA states there has been a 25 percent growth in exports since the launch of the NEI in January 2010. ITA also notes that just in 2011, there have been six record-breaking months of exports (January, March, April, July, August, and September). ITA states this is a trend that will continue as long as U.S. companies are finding buyers and partners in markets such as Brazil, India, Korea, and Russia.
The Directorate of Defense Trade Controls has posted an October 28, 2011 version of its frequently asked questions on commodity jurisdiction (CJ) which includes new information on providing supplemental information to an already submitted CJ via e-mail. DDTC has also added a new FAQ on uploading supplemental documents to the DS-4076 submission package.
On December 15, 2011, the Office of Foreign Assets Control added an individual from Saudi Arabia and an individual from Spain to its "Specially Designated Nationals" list. OFAC is also updating the entries for two individuals from Jordan and Indonesia. SDNs are (i) individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries or (ii) individuals, groups, and entities, such as terrorists and narcotics traffickers designated under programs that are not country-specific. The assets of listed SDNs are blocked and U.S. persons are generally prohibited from dealing with them.
The Office of Foreign Assets Control will be holding an International Trade Symposium on February 14, 2012 to help the international trade community to better understand, and successfully comply with, U.S. economic sanctions.
The Bureau of Industry and Security has issued a final rule, effective December 16, 2011, which amends the Export Administration Regulations by adding two persons to the Entity List, removing four persons from the Entity List ,and revising the entry concerning one person to add an alternate address.
New Commerce Secretary John Bryson outlined the steps he will take to create more U.S. jobs during a December 15, 2011 U.S. Chamber of Commerce meeting. Bryson stated that new jobs will be created by (i) expanding advanced manufacturing, (ii) exporting more abroad, and (iii) attracting new investment to America. As part of his effort to expand exports, Bryson said he will seek time frames and concrete results for China’s trade commitments, as the U.S. “could not quietly accept China ignoring many of the trade rules. China still substantially subsidizes its own companies, discriminates against foreign companies, and has poor intellectual property rights protections.”
The Directorate of Defense Trade Controls states that the DTrade Help Desk staff will be temporarily unavailable from noon to 2 pm Eastern time on Thursday December 15th. Individuals may email the DTrade Help Desk (DTradeHelpDesk@state.gov) or leave a message at 202-663-2838 and DDTC staff will return calls and emails in the order they were received. Those reporting a system outage should email the DDTC Response Team to report the problem at DDTCResponseTeam@state.gov. (Notice dated 12.14.11)
The Office of Management and Budget states that a proposed rule to amend the International Traffic in Arms Regulations (ITAR) regarding the revision of U.S. Munitions List Category XX has been improperly submitted. (Action dated 12/13/11)