Although the Treasury’s Office of Foreign Assets Control saw a decrease in total sanctions settlements last year, the agency increased its output of sanctions guidance and advisories, shedding more light on OFAC’s compliance expectations, sanctions lawyers said. Lawyers also said the agency flexed its enforcement jurisdiction by pursuing penalties against a variety of industries beyond large commercial banks, a trend that should continue this year.
CBP is now operating under an “informed compliance umbrella” related to penalties over faulty “transportation data” included on Automated Export System filings, said Jim Swanson, director of the Cargo and Security Controls Division, for Cargo and Conveyance Security, CBP Office of Field Operations. Swanson, who spoke Feb. 10 during a National Association of Foreign-Trade Zones virtual conference, mentioned discrepancies with filed dates and ports as things CBP would like to see corrected rather than penalized. A set of penalty mitigation guidelines for failure to comply with Foreign Trade Regulations was updated in September.
The U.S. on Feb. 11 announced sanctions and export controls targeting the Myanmar military, defense ministry and security services after it carried out a coup earlier this month (see 2102100060). The White House also issued an executive order outlining a new Myanmar sanctions regime and said more restrictions will be imposed “in the coming days.”
The U.S. will impose sanctions this week on foreign officials behind the military coup in Myanmar (see 2102020064), President Joe Biden told reporters Feb. 10. The measures will also include a set of “strong export controls” to impose “consequences” on the leaders of the coup, Biden said. “We’ll be ready to impose additional measures,” he said, “and we’ll continue to work with our international partners to urge other nations to join us in these efforts” (see 2102100012).
The Treasury Department isn’t doing enough to limit the impacts of U.S. sanctions on humanitarian aid to Venezuela, the Government Accountability Office said in a report. Although Treasury has taken steps to mitigate the sanctions’ impact -- including through general licenses and by responding to individual questions about humanitarian aid -- GAO said the agency doesn’t “systematically track and analyze information from these inquiries” to spot trends or repeating issues. “Without collection and analysis of this information,” the GAO said Feb. 4, “Treasury and its interagency partners may be limited in their ability to develop further actions to ensure that U.S. sanctions do not disrupt humanitarian assistance.”
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A bipartisan group of lawmakers is hoping to fund an emergency maritime relief program to help unclog port congestion caused by the COVID-19 pandemic and provide relief for U.S. shippers. The Maritime Transportation System Emergency Relief Program, created last year, could provide more resources to terminals that are seeing severe shortages in skilled labor and equipment, and help alleviate the nationwide backups in trucks and container vessels, House members said.
Industry should expect the Biden administration’s review of Trump-era China policies -- including export controls and licensing decisions -- to take two to three months, trade lawyer Peter Lichtenbaum said. He also said the Bureau of Industry and Security will continue to adhere to the Trump administration's strict Huawei licensing policy until it’s changed by incoming political appointees, which has not yet happened.
A panel of scholars and a former general consul in Hong Kong agreed that the Biden administration is likely to place more emphasis on export controls and industrial policy to support domestic semiconductor production, and less on the trade deficit and tariffs, even as the new president has to decide what to do about Section 301 tariffs at some point. They were speaking on a virtual panel about U.S.-China relations hosted by the Washington International Trade Association on Feb. 8.
For weeks, dozens of container ships have dotted the waters of California's San Pedro Bay, waiting to unload at a port experiencing its highest level of congestion in years. With no space to drop their cargo, the ships sit in limbo, further slowing imports and exports and clogging a global trading system that some shippers view as broken.