The Committee on Foreign Investment in the U.S. this week issued its annual report to Congress, outlining statistics from the first full calendar year in which CFIUS operated under expanded authorities granted to it by the Foreign Investment Risk Review Modernization Act (see 2002270049 and 2001140060). CFIUS said it received 164 declarations in 2021, an increase from the 126 it received in 2020 2107260017, and 272 notices, up from the 187 from 2020.
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 updated its restricted aircraft list with 25 foreign-produced planes that have violated U.S. export controls. BIS said the commercial planes -- which are the first foreign-produced aircraft added to the list -- violated the Export Administration Regulations’ de minimis threshold for U.S. components by flying into Russia or Belarus. The agency also updated various tail numbers and serial numbers for other listed planes.
The Bureau of Industry and Security entered into a settlement agreement with a Nogales, Arizona, business owner after he tried to illegally export about $4,000 worth of items to Mexico, including ballistic helmets and rifle scopes. Under a settlement agreement, Luis Fernando Gracia must conduct an internal audit of his company’s export compliance procedures and complete compliance training or else face the suspension of his export privileges.
The first ship to carry Ukrainian grain exports from the Black Sea left the port of Odessa Aug. 1, the White House said, about five months after Russia invaded Ukraine and halted the country’s agricultural shipments. The successful export was a direct result of an agreement between U.N., Russia, Ukraine and Turkey last month (see 2207250004) to start allowing safe passage of Ukrainian exports through the Black Sea, National Security Council spokesperson John Kirby said.
The Office of Foreign Assets Control’s recent finding of a violation sent to Midfirst Bank can serve as useful insight into OFAC’s compliance expectations, various firms focusing on compliance said. The enforcement notice, which outlined several mistakes by the bank in its attempt to comply with U.S. sanctions, also represents a warning to companies with insufficient screening processes, the firms said.
CBP hopes to issue a notice of proposed rulemaking to eventually mandate electronic export manifest (see 2207180041 and 2205060015) by the end of this year, said Jim Swanson, an agency official. The agency has written the regulations for ocean, air and rail manifest but is in the middle of a lengthy government review process before it can publish the NPRM in the Federal Register and officially request public comments, Swanson said.
The Los Angeles and Long Beach ports again postponed a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), this time by one month, the two ports announced July 29. The ports had planned to begin imposing the fee in November 2021 but have postponed it each week since. The latest extension delays the effective date until Aug. 26. The ports said they will "reassess fee implementation after monitoring data over the next month."
The Federal Maritime Commission is making headway on implementing the Ocean Shipping Reform Act of 2022 and is preparing two new rules that will further revise or clarify how its regulations apply to carrier and shipping practices.
The U.S. is stepping up efforts to boost liquefied natural gas exports to Europe as the Russia-Ukraine war drags on, Jose Fernandez, a senior State Department official, said during a Senate Foreign Relations Committee hearing this week. He said he recently met with several European countries that are asking to buy more U.S. LNG.
U.S. export controls on artificial intelligence may not be the right strategy to hinder Chinese progress in certain AI subfields, including machine learning, Georgetown University’s Center for Security and Emerging Technology said in a report this week. While the controls may seem “attractive in the abstract,” the report said most decoupling regimes are “imperfect and frequently act as a hindrance, rather than an absolute bar, to a rival’s technological progress.”