The PT Law Blog

In an exclusive interview with the Indian Country Today Media Network, Senate Indian Affairs Committee Chairman, Sen. Daniel Akaka (D-Alaska) talks about the past year in Congress as well as his plans for 2012 and beyond. 

Akaka, who announced early this that he would be retiring at the end of this Congress, said that his two primary legislative goals for his last year in Congress include passing the the Native Hawaiian Government Reorganization Act as well as Carcieri Fix legislation.

With regards to Carcieri, Akaka said:

Accoring to the Australian newspaper The Canberra Times, there are concerns that Japan's recent easing of export control laws could hurt Australian defense contractors participating in the Joint Strike Fighter (JSF) program. Japan recently announced that parts Japanese companies were making in Japan for use on the JSF would be available for planes in other countries.  Follow this link to read the complete story, "Australian bids for JSF work put in jeopardy."

Shakopee Mdewakanton Dakota Community faces potential Carcieri-related issues as it seeks to place into trust 23 acres of farmland. According to the Shakopee Valley News, the Prior Lake City Council is considering whether it should weigh in with the federal government is support of the Shakopee Mdewakanton Dakota Community's application with the Bureau of Indian Affairs:

On one hand, some question the tribe's need for additional trust land, with nearly half of the more than 2,500 acres of tribal land now in federal trust. But other local officials, including some members of the Prior Lake City Council, also worry about disrupting their positive working relationships with the tribe.

In a February 2009 Supreme Court decision in Carcieri v. Salazar, the Court considered whether the federal government has the ability to take land into trust for American Indian tribes recognized after the Indian Reorganization Act of 1934 (IRA).

The U.S. government announced today that one individual and ten (10) shipping companies located in Malta have been sanctioned for having links to the Islamic Republic of Iran Shipping Lines (IRISL). IRISL is a specially designated national (SDN) under U.S. law.

Under Secretary of the Treasury for Terrorism and Financial Intelligence David S. Cohen said "[a]s IRISL and its subsidiaries continue their deceptive efforts to escape the grasp of U.S. and international sanctions, we will continue to take action—as we are today—to expose the front companies, agents and managers working with IRISL and work to stop this illicit business."

For sevearal years, "IRISL has facilitated shipments of military-related cargo destined for Iran's Ministry of Defense and Armed Forces Logistics (MODAFL) and its subordinate entities, including organizations designated by the United States for sanctions pursuant to Executive Order (E.O.) 13382 and listed in United Nations Security Council Resolutions 1737 in 2006, 1747 in 2007, and 1929 in 2010. The Department of State designated MODAFL pursuant to E.O. 13382 in October 2007, and the Treasury Department designated IRISL in September 2008," the release added. 

For more information, visit the Treasury Department website.

by Jason Poblete

This week the Department of State published a much anticipated proposed rule to amend Part 129 of the International Traffic in Arms Regulations (ITAR) relating to brokers and brokering activities.

According to the Federal Register notice, "[t]he proposed revisions are intended to clarify registration requirements, the scope of brokering activities, prior approval requirements and exemptions, procedures for obtaining prior approval and guidance, and reporting and record-keeping of such activities." You can download a pdf-version of the proposed regulations by following this link

Is your company ready for the upcoming changes in HS 2012?

The end of 2011 is upon us and we wanted remind our clients of the major changes that are being made in 2012 to the Harmonized Tariff Schedule of the United States (HTSUS). These changes take place every five years or so. According to the latest information from the U.S. Government, the World Customs Organization's (WCO) recommended changes to the Harmonized System (HS) are scheduled to take effect on or about January 2012. The majority of these changes are in the food-related chapters (1-21); however, important changes will be made to the following chapters as well:

This week the U.S. Government published two proposed rules that address gas turbine engines, vehicles, and related items that the President determines no longer warrant control on the United States Munitions List (USML).

The comment period for both sets of rules closes on January 20, 2012. The State Department proposed rules are available here (gas turbines) and here (vehicles); and the Commerce Department proposed rules are available here (gas turbines) and here (vehicles).

In today's Federal Register, the Department of the Treasury's Office of Foreign Assets Control ("OFAC") published an amendment to the Sudanese Sanctions Regulations (31 CFR part 538).

OFAC issued two general licenses that authorize all activities and transactions relating to the petroleum and petrochemical industries in the Republic of South Sudan and related financial transactions and the transshipment of goods, technology, and services through Sudan to or from the Republic of South Sudan and related financial transactions.

In today's Federal Register, the Department of the Interior's Office of Natural Resources Revenue (ONRR) published a Notice establishing an Indian Oil Valuation Negotiated Rulemaking Committee charged with bringing clarity and consistency to oil valuation regulations governing production on American Indian lands.

The negotiated rulemaking committee, authorized and established under the Federal Advisory Committee Act, will make recommendations to replace existing regulations governing the valuation of oil production from American Indian leases, which has been in place since March 1, 1988. Many changes have occurred in the oil market since the 1988 rule was codified.

According to the Department of Interior, the Committee will likely hold its first meeting in February 2012.

You can download the Federal Register Notice here.

On November 29, 2011, the Bureau of Indian Affairs (BIA) proposed to revise federal regulations addressing non-agricultural leasing of Indian land. The proposed rule would add new subparts to address residential leases, business leases, wind resource evaluation and development leases, and solar resource development leases on Indian land, and would therefore remove the existing subpart for non-agricultural leases. A preliminary draft of the proposed changes were published earlier this year and is available for download here.