The U.S. this week issued new guidance on its various voluntary self-disclosure policies for sanctions and export control violations, urging companies to disclose offenses and stressing the importance of “robust” compliance programs. The six-page “compliance note,” the second jointly issued by the Commerce, Treasury and Justice departments (see 2303020054), outlines DOJ’s recently updated disclosure policies for criminal export and sanctions violations, the raft of changes made to the Bureau of Industry and Security's administrative enforcement policies over the past year, and the Office of Foreign Assets Control’s procedures for assessing voluntary disclosures. The notice also describes the Financial Crimes Enforcement Network’s whistleblower program.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The Bureau of Industry and Security this week signed an “agreement” with the Office of Foreign Assets Control to improve coordination among the two agencies’ export control and sanctions enforcement teams, said Matthew Axelrod, the top BIS export enforcement official. The agreement will help in “formalizing our close coordination and partnership,” Axelrod said during a July 26 Society for International Affairs conference, according to a copy of his speech emailed by BIS.
A former U.S. trade representative and treasury secretary this week cautioned the Biden administration as it prepares to introduce a new outbound investment screening regime, saying new authorities like these tend to expand over time and could eventually be used beyond their intended purpose.
U.S. policymakers should explore new ways to restrict transfers of items and services that China may be using to advance its artificial intelligence capabilities, such as data, algorithms and human capital, the Center for a New American Security said in a report this week. Although the administration should “aggressively” restrict exports to China of advanced semiconductor equipment, the report said Washington also needs to “seek out creative tools to regulate other basic building blocks of AI.”
Increasing export control coordination between the U.S. and its trading partners is likely to result in an uptick in enforcement actions and lead to a range of compliance risks for multinational companies, law firms said this month. While much of the coordination so far has centered around Russia-related restrictions, the firms said they expect the efforts to also result in more export penalties for controls imposed against other countries.
The Bureau of Industry and Society last week issued guidance for license applicants seeking to export medical-related items to Russia, Belarus or certain occupied regions of Ukraine, outlining best practices for submitting applications and what information should be included. BIS urged exporters to “provide all the necessary information when the application is first submitted” so the agency can “promptly analyze the proposed scope of the transactions” before submitting it for interagency review, and the agency detailed what types of applications may lead to delays.
Sanctions compliance officers working in the maritime shipping industry should pay particularly close attention to registered ship owners operating single-ship fleets, which could signal a ship attempting to evade sanctions, said Byron McKinney of S&P Global Market Intelligence. McKinney said he’s seen a spike in single-ship fleets -- which are used in some cases to obscure the true ownership of a vessel -- since the Treasury Department published its maritime sanctions advisory in 2020.
The U.S. this week sanctioned more than 100 people, entities and ships supporting Russia’s war efforts against Ukraine, including one of its top metals producers and leading construction companies, Kyrgyz Republic firms sending Moscow dual-use technologies, and other businesses helping the government evade international sanctions. The new designations are meant to further restrict Russia’s ability to import military goods and technology, slash revenue from its mining sector, undermine its energy capabilities and “degrade Russia’s access to the international financial system,” the Treasury Department said.
Republicans on the House Select Committee on China urged U.S. officials this week to cut off a broader range of exports to China, arguing that trade with China is helping to fund Beijing’s efforts to undermine American national security. Committee chair Mike Galagher, R-Wis., specifically asked witnesses from the Commerce, State and Defense Departments to enact a technology export ban on Huawei that the administration has reportedly been considering for the last year (see 2301310009).
The House Select Committee on China this week sent letters to four U.S. venture capital firms about their investments in Chinese artificial intelligence and semiconductor companies, saying those investments may be helping Beijing “perpetrate human rights abuses and enhance its military capabilities.” The letters, sent to GGV Capital, GSR Ventures, Qualcomm Ventures and Walden International, also seek information about any of their potential investments in China’s quantum industry, how the companies decide which Chinese firms to invest in, how they respond if a company they invest in is added to the Commerce Department’s Entity List and more.