John Eisenberg, former legal adviser to the National Security Council who served during the first Trump administration, is President Donald Trump's pick to lead DOJ’s National Security Division, DOJ announced last week. Eisenberg also previously held several roles within DOJ, including in the office of the deputy attorney general. If confirmed, Eisenberg will oversee the division that prosecutes various export control, sanctions, foreign investment and other national security-related violations.
Gal Haimovich, an Israeli national and owner of a freight forwarding company, was sentenced last week to two years in prison and three years of supervised release after pleading guilty in September as part of a scheme to illegally ship aircraft parts and avionics from U.S. manufacturers and suppliers to Russia (see 2409110018). DOJ said Haimovich -- who admitted to deceiving U.S. companies about the destination of the goods, some of which were sent to a sanctioned Russian airline Siberian Airlines (see 2412090012 -- also forfeited $2,024,435.44 to the U.S. government.
A federal court in Kentucky found that Arms Export Control Act and International Traffic in Arms Regulations licensing requirements for technical data don't violate the First Amendment as a restriction on free speech. Judge David Hale of the U.S. District Court for the Western District of Kentucky said the licensing requirements "advance important government interests unrelated to the suppression of free speech" and don't burden "substantially more speech than necessary to further those interests" (United States v. Pascoe, W.D. Ky. # 3:22-88).
In a reply brief Feb. 18, domestic petitioner Wind Tower Trade Coalition again argued that a review respondent’s conversion costs calculation should have been based only on its towers’ physical characteristics, not its monthly production quantity (Wind Tower Trade Coalition v. United States, CIT # 24-00070).
After the Court of International Trade denied hoverboard importer 3BTect’s motion to strike three expert reports from the record of its classification dispute, the importer switched Feb. 14 to targeting the factual basis of the government’s cross-motion for judgment, in a 72-page response brief (3BTech v. United States, CIT # 21-00026).
The inaugural use of the International Emergency Economic Powers Act to impose tariffs, which saw President Donald Trump set a 10% duty on all goods from China (see 2502030044), has sparked plenty of speculation as to how these tariffs could be challenged in court. One such argument is a statutory claim rooted in the text of IEEPA.
The Commerce Department continued to find on remand at the Court of International Trade that respondent Louis Dreyfus Co. Sucos S.A. and an unnamed supplier, dubbed "Supplier A," are not affiliated, nor are they partners. The agency said it's important to "distinguish 'exclusivity' from 'reliance'" in conducting affiliation analyses, noting that an exclusive relationship with a supplier doesn't mean a party isn't "perfectly capable of acting independently if the exclusive relationship is no longer in its interests" (Ventura Coastal v. United States, CIT # 23-00009).
DOJ charged an Ohio-based subsidiary of a Russian aircraft parts supplier and three of its current and former employees with illegally exporting aircraft parts from the U.S. to Russia and Russian airline companies, DOJ announced.
The U.S. defended its designation of Chinese lidar company Hesai Technology as a "Chinese military company" in a Feb. 12 brief at the U.S. District Court for the District of Columbia, responding to a host of arguments from Hesai claiming that the designation wasn't backed by substantial evidence and committed various legal errors (Hesai Technology Co. v. United States, D.D.C. # 24-01381).
President Donald Trump's recent executive order halting prosecutions under the Foreign Corrupt Practices Act likely won't change the behavior of many companies, given the risk of prosecution globally or in the U.S. after Trump leaves office, lawyers said.