The US Export-Import Bank signed a memorandum of understanding yesterday with the Saudi Export-Import Bank to facilitate the financing of US exports to the Kingdom of Saudi Arabia. The MOU will encourage collaboration between the two export credit agencies as well as support exports in a variety of sectors, including climate and energy security, critical minerals projects, infrastructure, transportation and digital technology.
House Select Committee on China Chairman Mike Gallagher (R-Wisc) is once again airing his concerns about a company with ties to the Chinese military – this time Emirati artificial intelligence …
The Commerce Department plans to announce a department-wide national security strategy in the coming weekS to address major priorities and move forward on its mission to “protect, promote and preserve our national security,” according to Deputy Secretary Don Graves. Commerce is playing a greater role in protecting national security than ever before, Mr. Graves said. “New landmark legislation has made it possible for us to meet our major national security challenges head-on – from chips and semiconductors to revitalizing America's industrial base and unleashing technology innovation. And we are looking to sustain and expand that role in the days ahead.” He spoke at the launch of the National Foreign Trade Council’s Alliance for National Security and Competitiveness. The Deputy Secretary offered no details about the upcoming strategy. But he told the gathering that new methods for responding to national security are needed. “At the Department of Commerce, we are focused on national security more than ever. We are investing in our tools today to ensure we’re prepared for whatever challenges we may face in our future national security environment.” Export Controls One of the tools at Commerce’s disposal is the implementation of export controls to ensure that the US private sector’s technological innovation is not diverted to destructive ends that harm US national security while also still allowing for technological innovation to take place domestically. Another key priority is the development of defense partnerships. Mr. Graves pointed to the department’s sharp focus on weakening Russia’s war machine through aggressive export control measures and also business development campaigns to support commercial linkages with Ukraine. US supply chain resilience is a national security imperative for Commerce. The department will convene a diverse array of public and private sector leaders at a Supply Chain Data and Analytics Summit later this year, he said.
In its first material communication since imposing a "pause" on license issuance for firearms exports, Commerce's Bureau of Industry and Security issued a collection of information addressing three activities: (1) Import Certificates/End Use Certificates, (2) Delivery Verification, and (3) Firearms Entry Clearance Requirements. This notice is not directed solely at the firearms industry. Import certificate and end user statements are required in other EAR controlled transactions, not just firearms. And the delivery verification process can be used for any transaction under the EAR. It is only the third item that is specifically directed to the firearms trade. "We don’t see this has having a significant impact on our industry," notes Larry Keane of the National Shooting Sports Foundation.
Treasury and State announced further sanctions on shipping activities related to the Houthi rebels in Yemen and the Russian Military. OFAC also lifted sanctions on a Gulfstream G650 business jet associated with oligarch Suleyman Kerimov. OFAC added four tankers two companies in Hong Kong and the United Arab Emirates for shipping Iranian commodities on behalf of the network of Iran-based, Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF)-backed Houthi financial facilitator Sa’id al-Jamal. Earlier in the week OFAC added several entities and indigenous (Ilyushin and Antonov) aircraft complicit in the transfer to Russia and testing of DPRK-origin ballistic missiles by Russia since late November 2023.
The First Quarter Technical Advisory Committees (TAC) meetings begin January 30 with Sensors and Instrumentation The schedule on the BIS website has not been updated and reflects last year's dates and times. Also The President's Export Council Subcommittee on Export Administration (PECSEA) and solicits nominations for membership. Nominations for members must be received on or before February 8,.
Treasury Secretary Janet Yellen spoke at FinCEN headquarters January 8, and the office released a complete set of Frequently Asked Quaestions (FAQs) related to the new Beneficial Ownership reporting requirements. Excerpts of Ms. Yellen's speech below, followed by the FAQs "It’s been an exciting start to the year for FinCEN and for all of us, as the new beneficial ownership reporting requirement went into effect just last week. With this step, we’re closing a loophole and sending a clear message: The United States is not a haven for dirty money. "The benefits of increasing corporate transparency through gathering beneficial ownership information—put simply, knowing who owns what—start with protecting our national security. Information on beneficial ownership will support our law enforcement colleagues in making arrests, prosecuting offenders, and seizing ill-gotten assets. It will also inform strategic, targeted actions, such as sanctions. Corporate transparency can bring economic benefits as well: protecting our financial system, reducing due diligence costs, enabling fair business competition, and increasing tax revenue.
SAP SE (SAP), a publicly traded global software company based in Germany, will pay over $220 million to resolve investigations by the U.S. Justice Department and the Securities and Exchange Commission (SEC) into violations of the Foreign Corrupt Practices Act (FCPA). According to the SEC complaint, from at least December 2014 through December 2018, SAP employed third-party intermediaries and consultants in various schemes to make improper payments to government officials in order to obtain and retain business in South Africa, Greater Africa (Malawi, Kenya, Tanzania, and Ghana), and Indonesia. Readers may recall SAP’s prior history, which include a non-prosecution agreement from 2021 with the Justice Department’s National Security Division, as well as administrative agreements with the Departments of Commerce and the Treasury relating to Iran-related export law violations, and a resolution in 2016 with the SEC concerning alleged FCPA violations in Panama.
ASML, a Dutch semiconductor producer, had its license to ship two types of machines that make semiconductors partially revoked. This comes after ASML canceled some of its shipments ahead of tightening Dutch restrictions on exports. "China opposes the US’s overstretching the national security concept and using all sorts of pretexts to coerce other countries into joining its technological blockade against China," said Foreign Ministry Spokesperson Wang Wenbin.
PECSEA is seeking private-sector members who are preferably senior executives with strategic authority within their companies and with significant operational control around production, supply chains, research and development activities, and/or international sales and should have an understanding of the impact of export controls on these functions and the broader marketplace.
The Commercial Customs Operations Advisory Committee (COAC), a U.S. Customs and Border Protection (CBP) federal advisory committee, unanimously passed 12 recommendations on export modernization, rapid response and North American trade during its most recent public meeting. The 2024 Trade Facilitation and Cargo Security Summit, which will be held in Philadelphia March 25 – 28. Registration will open January 10, 2024, at noon Eastern time
This year, the Trade Winds Europe/Eurasia Trade Mission and Business Forum will be hosted in Istanbul, Türkiye from May 13-15, 2024. Led by the International Trade Administration (ITA), Trade Winds is a multi-country trade mission and business development forum that provides U.S. businesses with the expertise of commercial diplomats from over 25 European and Eurasian markets, and connects them with potential business partners across the region.
Tibet rights campaigners have welcomed a commitment by Boston-based biotech giant Thermo Fisher Scientific to halt sales of its DNA test kits (“HID”) products to police in occupied Tibet. Thermo Fisher communicated this commitment to shareholders in a letter in December and it took effect on 31 December 2023. The announcement comes after more than a year of campaigning by Tibet groups. The campaign was prompted by reports in 2022 revealing that Chinese police forces in occupied Tibet had been extensively using Thermo Fisher’s HID products, including DNA testing kits and DNA sequencing equipment to carry out a widespread, ethnically-targeted collection of DNA samples from Tibetans.
The Office of the United States Trade Representative has released the Fifteenth Biennial Report on the Operation of the Caribbean Basin Economic Recovery Act (CBERA). On a biennial basis, the United States Trade Representative (USTR) is required to submit a report to Congress regarding the results of the general review of CBI beneficiary countries and their performance under the CBI eligibility criteria.
The leaders of the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party kicked off the new year by writing to Defense Secretary Lloyd Austin and Treasury Secretary Janet Yellen, asking for a Chinese wireless company to be blacklisted. Shenzhen-based Quectel manufactures "Internet of Things (IoT)" modules which connect equipment to central control and monitoring systems. Markets include Transportation, Industrial Telematics, and Smart Metering of utilities.
December 29, the Bureau of Industry & Security published a series of updates to the Frequently Asked Question (FAQs) associated with the October 7th, 2022 and October 17, 2023 Semiconductor Rules. The Interim Final Rules (IFRs) amend the Export Administration Regulations (EAR) to implement more effective export controls on semiconductor manufacturing equipment (SME), advanced computing items, and supercomputers, addressing national security concerns.
Assistant Secretary for Export Enforcement Alan Estevez's office released their Export Enforcement: 2023 Year in Review, detailing enforcement actions, technological safeguards, and international collaborations. The document is reproduced below.
The Department of Commerce and Microchip Technology Inc. have reached a non-binding preliminary memorandum of terms (PMT) to provide approximately $162 million in federal incentives under the CHIPS and Science Act to support the onshoring of the company’s semiconductor supply chain. Microchip’s microcontroller units and mature-node semiconductors are critical components in the production and manufacturing of electric vehicles and other automotives, washing machines, cell phones, airplanes, and the defense-industrial base. Shortages of microcontrollers during the pandemic affected over 1% of global GDP.
The Export-Import Bank of the U.S. Board of Directors approved a $90 million guarantee under EXIM’s Supply Chain Finance Guarantee Program to Dutch Financier ING Capital to finance U.S. Natural Gas processor Freeport LNG Marketing. In 2020 Exim approved a deal with Freeport LNG, "with the first-ever use of a funder guarantee structure" for $50 million. That deal was a "tripartite agreement" between EXIM, Private Export Funding Corporation (PEFCO) , and the scandal-plagued, now insolvent Greensill Capital. In June 2022 a blast attributed to safety failures caused approximately $275 million in damages and took the plant offline for 18 months.
A Virginia lobbyist and a New Jersey political consultant each have entered into Deferred Prosecution Agreements (DPAs) to resolve allegations that they failed to comply with the Foreign Agents Registration Act (FARA) and committed related offenses while representing the government of Qatar. Barry P. Bennett, 60, of Alexandria, Va., owned and operated Avenue Strategies, LLC and Avenue Strategies Global, LLC, a pair of consulting firms in Washington D.C. Douglas Watts, 73, of Jersey City, N.J., is a former presidential campaign consultant who also founded and ran a lobbying and public relations company. In 2017, Bennett signed a contract for Avenue Strategies to perform lobbying services for the embassy of Qatar. As part of his lobbying strategy on behalf of, and for and in the interest of Qatar, Bennett covertly operated Yemen Crisis Watch, a Limited Liability Company (LLC) founded by Watts at Bennett’s direction. As directed by Bennett and managed by Watts, Yemen Crisis Watch ran a public relations campaign designed to cast Qatar’s rivals, Saudia Arabia and the U.A.E., in a negative light, and thereby to improve Qatar's standing with the U.S. government relative to these rivals.