The U.S. State Department is updating the process for companies wishing to self-report arms export violations, with a new form set to replace written submissions.
A pair of forthcoming regulations from the Directorate of Defense Trade Controls and the Bureau of Industry and Security indicate that Commerce will soon take on responsibility for exports of silencers and other firearm accessories.
FinCEN on April 7 proposed a sweeping rewrite of Bank Secrecy Act program requirements that would recast anti-money laundering and counter-terrorist financing compliance around whether institutions maintain “effective,” risk-based, and reasonably designed programs, rather than around largely procedural or technical failures.
Following a string of statements denouncing New Delhi's reliance on Russian oil, President Donald Trump increased tariffs on Indian exports via executive order Wednesday, a move the White House framed as "addressing threats to the United States by the Government of the Russian Federation."
Seyfarth Shaw has published a note highlighting the corporate security implications of the increased inspection of electronic devices by US Customs. U.S. citizens cannot be denied reentry for refusal, but devices may be seized. Foreign nationals may be refused entry.
The Defense Counterintelligence and Security Agency (DCSA) is preparing to implement sweeping changes that will expand foreign ownership, control, or influence (FOCI) reviews to thousands of unclassified U.S. Department of Defense (DoD) contracts, marking a major shift in federal acquisition policy under Section 847 of the Fiscal Year 2020 National Defense Authorization Act (FY20 NDAA).
The Commerce Department posted two notices in the Federal Register governing NATO bidding certifications and Competitive Bidding Surveys.
The Information Systems Technical Advisory Committee (ISTAC) will meet on July 24, 2024, 9:00 a.m., Eastern Daylight Time. To join the conference, submit inquiries to Ms. Yvette Springer at Yvette.Springer@bis.doc.gov .
Customs & Border Protection (CBP) issued an update including a high level comparison between the two Section 321 Programs (Section 321 Data Pilot and the Entry Type 86 Test). Section 321, 19 USC 1321 is the statute that describes de minimis, which provides admission of articles free of duty, but the aggregate fair retail value of articles imported by one person on one day and exempted from the payment of duty shall not exceed $800.
The Commerce Department published a notice of proposed rulemaking (NPRM) for establishing new requirements for Infrastructure as a Service providers (IaaS or “cloud infrastructure providers”). The proposed rule introduces potential regulations that require U.S. cloud infrastructure providers and their foreign resellers to implement and maintain Customer Identification Programs (CIPs), which would include the collection of “Know Your Customer” (KYC) information.
The European Council and the Parliament have reached a provisional agreement on creating a new European authority for countering money laundering and financing of terrorism (AMLA) - the centrepiece of the anti-money laundering package, which aims to protect EU citizens and the EU's financial system against money laundering and terrorist financing. AMLA will have direct and indirect supervisory powers over high-risk obliged entities in the financial sector. In addition to supervisory powers and in order to ensure compliance, in cases of serious, systematic or repeated breaches of directly applicable requirements, the Authority will impose pecuniary sanctions on the selected obliged entities.
On November 7, the Financial Crimes Enforcement Network (FinCEN) issued a final rule that specifies the circumstances in which a reporting company may report an entity’s FinCEN identifier in lieu of information about individual beneficial owners. In response to commenter concerns that the reporting of entity FinCEN identifiers could obscure the identities of beneficial owners in a manner that might result in greater secrecy or incomplete or misleading disclosures, the final rule provides clear criteria that must be met in order for a reporting company to report an entity’s FinCEN identifier.
The U.S. Census Bureau’s Trade Regulations Branch regularly receives questions regarding who the Ultimate Consignee is in an export transaction. The questions become more complicated when an end user and the Ultimate Consignee are two different entities, and they reside in two different countries. In a two-part posting, Gerry Horner, Chief of the Trade Regulations Branch addresses some of your frequently asked questions on the Ultimate Consignee and the end user based on the Foreign Trade Regulations (FTR).
Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding additional nuclear nonproliferation controls on China and Macau, effective August 11, 2023. This change specifically applies to items controlled for Nuclear Nonproliferation (NP) column 2 reasons for control. These controls enhance U.S. Government efforts to monitor the export of these items and to ensure they are only being used in peaceful activities such as commercial nuclear power generation, medical developments, production of or use in medicine, and non-military industries.