A Texas federal court vacated a $2 million penalty imposed on ExxonMobil by the Treasury's Office of Foreign Assets Control for sanctions violations, in a decision issued Dec. 31. The Northern Texas U.S. District Court ruled that OFAC did not provide ExxonMobil “fair notice that their conduct was prohibited.” The decision stems from a lawsuit filed in August (see 1908280031) against OFAC, in which ExxonMobil alleged its business dealings with Rosneft, the Russian oil company owned by sanctioned oligarch Igor Sechin, did not warrant a sanctions penalty.

Export Compliance Daily is providing readers with some of the top stories for 2019 in case they were missed.

Although multilateral export regimes share many of the same concerns over emerging technologies, coming to an agreement on the controls is proving increasingly difficult, according to a report by the Stockholm International Peace Research Institute. Regimes are facing issues reaching consensus due to the large number of “membership combinations” across multiple regimes, which have to take into account the needs of every state, and an inability to coordinate, the report said.

Export Compliance Daily is providing readers with some of the top stories for Dec. 23-27 in case you missed them.

President Donald Trump tweeted that he will sign “our very large and comprehensive Phase One Trade Deal with China on January 15” at the White House. "High level representatives of China will be present" and Trump is planning to go to Beijing "at a later date" to begin talks around Phase Two, he said. An administration official previously said the signing would be done between the U.S. trade representative and China's vice premier, and would happen in the first week of January (see 1912130035).

The U.S., China and Germany are the largest beneficiaries of the World Trade Organization, according to a report released Dec. 30 by the Bertelsmann Foundation. The three countries, also the world’s biggest exporters, saw the largest amount of income gains due to the WTO’s rules-based trading system, the report said. The report also finds a direct correlation between WTO membership and a sharp rise in exports, saying both the WTO and the General Agreement on Tariffs and Trade have led to a “significant increase” in global exports.

The Directorate of Defense Trade Controls’ interim final rule (see 1912230052) to define activities that are not exports, re-exports or retransfers will significantly reduce regulatory and compliance burdens surrounding encrypted data, a law firm and export consulting firm said. In a long-awaited move, the rule will better facilitate international data storage subject to both the International Traffic in Arms Regulations and the Export Administration Regulations.

More than half of the sanctions-related enforcement actions issued by the Treasury Department in 2019 involved supply chain violations, signaling that supply chain compliance is one of the most important factors in avoiding violations, according to a December report released by Kharon, a sanctions advisory firm. The penalties are mostly due to deficiencies in three main areas of supply chain compliance, Kharon said: companies that operated in “heightened-risk jurisdictions,” companies that operated “existing and newly acquired” foreign subsidiaries, and companies that showed deficiencies while monitoring actors in its supply chain.

A lack of export control harmonization and an uneven playing field across the European Union are increasingly hurting Europe’s semiconductor industry, said Aude Jalabert, a trade compliance manager for Infineon Technologies and a member of the European Semiconductor Industry Association. The export licensing and control regimes across EU member states are mainly marred by inconsistencies, language barriers and a lack of staffing, Jalabert said.

President Donald Trump signed the fiscal year 2020 National Defense Authorization Act, S. 1790 into law, with provisions targeting tech companies Huawei and ZTE (see 1912130027), the White House announced on Dec. 20. The law bars the Trump administration from lifting the Commerce Department Bureau of Industry and Security's addition of Chinese telecom equipment manufacturer Huawei to its export entity blacklist without congressional approval. The law also requires reports to Congress on waivers issued to companies doing business with Huawei as well as ZTE's compliance with a 2018 agreement that lifted Commerce's ban on U.S. companies selling telecom software and equipment to ZTE.