The Energy Department has published their interpretation of the statutory definition of “foreign entity of concern” (FEOC) in the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law (BIL), which applies to multiple programs related to the battery supply chain. In this final interpretive rule, DOE responds to public comments, clarifying the term “foreign entity of concern” by providing interpretations of the following key terms: “government of a foreign country;” “foreign entity;” “subject to the jurisdiction;” and “owned by, controlled by, or subject to the direction.”
The Department of Defense published proposed rules prohibiting the acquisition of semiconductor parts and services manufactured by certain Chinese manufacturing concerns. DoD, GSA, and NASA are considering amending the Federal Acquisition Regulation (FAR) to implement paragraphs (a), (b), and (h) in section 5949 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 that prohibits executive agencies from procuring or obtaining certain products and services that include covered semiconductor products or services effective December 23, 2027.
The first arbitration panel under the US-Mexico-Canada rapid response labor mechanism has ruled in favor of Mexico in the case of the San Martín mine, located in Sombrerete, Zacatecas. The three members of the panel determined that they did not have jurisdiction to rule on the denial of union rights at the mine, because the problems occurred before the USMCA took effect, according to a release from Mexico’s Ministry of Economy.
A Brooklyn man pleaded guilty to conspiring to defraud the United States for his role in an illicit export control scheme to ship electronic components from the United States to companies affiliated with the Russian military. Nikolay Grigorev, 36, procured dual-use electronic components for entities in Russia involved in the development and manufacture of drones for the Russian war effort in Ukraine.
REVISION TO LICENSE TYPE C33 No License Required (NLR) to reflect “600 series” items are eligible for this license type when exported to Australia and the United Kingdom. An update has been made to AES to reflect that NLR shipments of 600-series and 9x515 ECCNs (except .y paragraph) can be shipped only to Australia, Canada, and the United Kingdom.
Following on the Commerce Department's modification of dual-use export controls for alliance partners [Link], the US Departemnt of State proposes to amend the International Traffic in Arms Regulations (ITAR) to support the goals of the AUKUS partnership. The Department is proposing an ITAR amendment in the interest of preparing for a future exemption and obtaining public feedback to shape a final rule following any positive certification.
May 1 the Treasury Department issued sanctions targeting Russia’s military-industrial base and chemical and biological weapons programs, as well as companies and individuals in third countries that help Russia acquire key inputs for weapons or defense-related production. The action includes nearly 60 targets located in Azerbaijan, Belgium, the PRC, Russia, Slovakia, Türkiye, and the United Arab Emirates (UAE).
On 1 May, the U.K. Office of Financial Sanctions Implementation (OFSI) introduced Frequently Asked Questions (FAQs), a new form of additional guidance aimed at providing technical support to industry partners and the public.
The Justice Department, together with the Federal Trade Commission (FTC), announced that Williams-Sonoma Inc. has agreed to a settlement that requires it to pay more than $3 million in civil penalties and stop making false and misleading claims about the origins of its products.
It is premature to declare Nippon Steel's bid to buy US Steel dead,, despite election year politics driving acerbic scrutiny from Labor and legislators. Tuesday, the United Steelworkers scoffed at Nippon Steel's overtures to the union, calling them "nothing more than another collection of empty promises and open-ended language that would enable it to skirt obligations to workers and retirees."
On April 22, 2024, Canada announced the implementation of a Federal Plastic Registry to monitor the types and volumes of plastic products, including plastic packaging used in agriculture and food manufacturing, through their life cycle on the Canadian market. Environment and Climate Change Canada (ECCC) announced the establishment of Federal Plastics Registry to require plastic resin manufacturers, producers of plastic products (including importers), and service providers to report each year, starting in 2025, on the quantity and types of plastic they place on the market and how that plastic moves through the economy.
The New Chairman of the House Select Committee on the Strategic Competition between the United States and the Chinese Communist Party, Rep. John Moolenaar (R-MI) promises to continue the Committee's role as a spotlight, though perhaps with less candlepower than his predecessor, retiring Rep. Mike Gallagher (R-WI)
The European Parliament has adopted a package of laws strengthening the EU’s toolkit to fight money-laundering and terrorist financing. The new laws ensure that people with a legitimate interest, including journalists, media professionals, civil society organisations, competent authorities, and supervisory bodies, will have immediate, unfiltered, direct and free access to beneficial ownership information held in national registries and interconnected at EU level. In addition to current information, the registries will also include data going back at least five years.
Friday the Department of Commerce released an interim final rule amending the Department’s licensing policy for exports of firearms, ammunition, and related components under its jurisdiction. Coming on the six-month anniversary of a controversial "90 day pause" in firearms export license approval, the new rule proposes significant changes.
Included among the munitions and TikTok drama, the foreign aid package signed last week has material changes for the sanctions compliance practitioner. Front and center for sanctions practitioners is the extension of the statute of limitations for sanctions (SOL) violations.
Two Chinese Nationals were indicted for attempting to conceal the ultimate end user for semiconductor manufacturing equipment purchased from a California manufacturer. The defendants sought to acquire the machine through an intermediary company, a proxy they fraudulently represented as the purchaser and end user.
Treasury’s Office of Foreign Assets Control is sanctioning over one dozen entities, individuals, and vessels that have played a central role in facilitating and financing the clandestine sale …
The European Parliament has given its final approval to a new regulation enabling the EU to prohibit the sale, import, and export of goods made using forced labour. Originally proposed in 2021, the rulemaking had been stymied by resistance from industry groups, with the final result lacking much of the efficacy of the US version, the Uyghur Forced Labor Protection Act.
Bureau of Industry and Security (BIS) makes changes to the Russia and Belarus sanctions under the Export Administration Regulations (EAR) to add a new license exception for EAR99 medical devices and related parts, components, accessories, and attachments for use in or with medical devices that are destined for both countries and the temporarily occupied Crimea region of Ukraine, or the covered regions of Ukraine. The purpose of this final rule is to authorize under a license exception certain exports, reexports, and transfers (in-country) of “medical devices” that are being regularly approved and that advance U.S. national security and foreign policy interests. In addition, this final rule makes two corrections to the EAR related to Russia-related rules published in January, and March, 2024 by correcting an end-user control and adding a cross-reference correction.
A federal jury in Miami has convicted the former Comptroller General of Ecuador for his role in a multimillion-dollar international bribery and money laundering scheme. According to court documents and evidence presented at trial, between 2010 to 2015, Carlos Ramon Polit Faggioni, 73, solicited and received over $10 million in bribe payments from Odebrecht S.A., the Brazil-based construction conglomerate.