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Trade Security

U.S. Energy Department Publishes Proposed Revisions to Nuclear Export Control Regulations

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Friday, 09 September 2011 15:43

On September 7, 2011, the Department of Energy published proposed changes to its export control regulations concerning unclassified atomic energy activities. These regulations are found at 10 C.F.R. Part 810. The proposed rule is open for public comment until November 7, 2011 and, in part, is meant to reflect changes in nuclear technology since the last major update of the rules which occurred in  1986. These proposed changes will be of interest to companies that employ or interact foreign nationals as well as research entities.

By way of background, Part 810 regulations implement section 57b of the Atomic Energy Act of 1954, as amended by section 302 of the Nuclear Non- Proliferation Act of 1978. These rules regulate the export of unclassified nuclear technology and nuclear assistance as well as facilitate international commerce. The new regulations are drafted to better help guard against the spread of nuclear technologies and material that would be contrary to the nonproliferation and other national security interests of the United States.

Read more... [U.S. Energy Department Publishes Proposed Revisions to Nuclear Export Control Regulations]

US Publishes Best Practices to Help Prevent Unlawful Diversions of Controlled Items

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Friday, 02 September 2011 10:32

The Department of Commerce, Bureau of Industry and Security ("BIS"), recently released a summary of best practices for preventing the unlawful diversion of U.S. dual-use items that are subject to the Export Administration Regulations ("EAR").

Companies and research universities should review and consider incoporating these suggestions in compliance programs. While these best practices do not create any new legal obligations, their adoption may be considered by the U.S. government in assesing an activity if an issue were to arise.

The following list includes the seven (7) best practices that BIS published to guard against diversion risk, particularly through transshipment trade:

Best Practice No. 1 – Companies should pay heightened attention to the Red Flag Indicators on the BIS Website and communicate any red flags to all divisions, branches, etc., particularly when an exporter denies a buyer's order or a freight forwarder declines to provide export services for dual-use items. 

Best Practice No. 2 - Exporters/Re-exporters should seek to utilize only those Trade Facilitators/Freight Forwarders that administer sound export management and compliance programs which include best practices for transshipment.

Read more... [US Publishes Best Practices to Help Prevent Unlawful Diversions of Controlled Items]

US Seeks Comments on Foreign Export Controls

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Thursday, 01 September 2011 15:45
In today's Federal Register, the Commerce Department's Bureau of Industry and Security (BIS) published a notice that it seeks public comments on "the effect of existing foreign policy-based export controls in the Export Administration Regulations (EAR). BIS requests comments to comply with the requirements of Section 6 of the Export Administration Act (EAA) which requires BIS to consult with industry on the effect of such controls and report to Congress the results of that consultation. Comments from all interested persons are welcome. All comments will be made available for public inspection and copying and included in a report to be submitted to Congress." For more information, visit this link.

US Government Issues Cuba Travel Advisory

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Friday, 29 July 2011 11:18

The Treasury Department Office of Foreign Assets Congtrol (OFAC) has issued a travel advisory to U.S. citizens and U.S. persons about travel to Cuba. 

In an advisory released earlier this week, the OFAC made reference to "misstatements in the media suggesting that U.S. foreign policy, as implemented by OFAC, now allows for virtually unrestricted group travel to Cuba by persons subject to the jurisdiction of the United States. Although OFAC amended the Cuban Assets Control Regulations, 31 C.F.R. Part 515 (the "Regulations"), in January 2011 to expand licensing of travel to Cuba for certain specific purposes, the amended Regulations still contain significant travel restrictions."

Read more... [US Government Issues Cuba Travel Advisory]

U.S. Updates Export Control Entity List

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Monday, 25 July 2011 19:38

The Commerce Department Bureau of Industry and Security announced today the addition of six persons to the Entity List (Supplement No. 4 to Part 744 of the Export Administration Regulations).

Persons added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed under the following two destinations on the Entity List: Hong Kong and Lebanon.

Read more... [U.S. Updates Export Control Entity List]

Obama Administration Announces New Strategy to Combat Transnational Crime

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Monday, 25 July 2011 00:00

The Justice Department announced today a new Obama Administration "Strategy to Combat Transnational Crime." 

In a prepared statement, the White House National Security Staff released a background sheet detailing that the new strategy "will apply all elements of national power to protect citizens and U.S. national security interests from the convergence of 21st century transnational criminal threats. This Strategy is organized around a single unifying principle: to build, balance, and integrate the tools of American power to combat transnational organized crime and related threats to national security—and to urge our foreign partners to do the same."

Read more... [Obama Administration Announces New Strategy to Combat Transnational Crime]

US Publishes Proposed Revisions to Export Control Rules

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Friday, 15 July 2011 20:12

On Friday, July 15, 2011, the Department of Commerce, Bureau of Industry and Security (BIS) published a much anticipated set of proposed revisions to the Export Administration Regulations (EAR).

This is part of the Obama Administration's effort started in August 2009 to conduct a broad-based review of the U.S. trade security system.

Read more... [US Publishes Proposed Revisions to Export Control Rules]

US Government Report on Iran Sanctions, Communications Technology

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Friday, 01 July 2011 00:00

The Government Accountability Office (GAO) published a report that it recently completed for the U.S. Congress outlining the steps taken by federal agencies to develop procedures for a procurement ban against companies that sell Iran technology to disrupt communications.

According to the GAO, as of June 24, 2011, "the U.S. government had identified no entities subject to this ban. Moreover, based on our review of credible open source information, we did not identify any firms that export technologies to the Iranian government for monitoring, filtering, and disrupting information and communications flows. There are several possible reasons for the difficulty in identifying any such firms, including (1) the competitive and proprietary nature of the communication industry limits information, if any, reported in open sources and (2) the lack of a clear distinction between technology exported to Iran to disrupt the free flow of information versus technology exported to Iran to support necessary and acceptable filtering and monitoring of communication. In addition, Iran's growing capacity to develop its own monitoring, filtering, and disrupting technology suggests it is relying less on non-Iranian technology to monitor and filter internal communications.

Read more... [US Government Report on Iran Sanctions, Communications Technology]

U.S. Updates Economic Sanctions Regulations

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Wednesday, 29 June 2011 18:23

The Department of the Treasury's Office of Foreign Assets Control ("OFAC") is removing from the Code of Federal Regulations the Federal Republic of Yugoslavia (Serbia and Montenegro) and Bosnian Serb-Controlled Areas of the Republic of Bosnia and Herzegovina Sanctions Regulations, the Federal Republic of Yugoslavia (Serbia and Montenegro) Kosovo Sanctions Regulations, and the Federal Republic of Yugoslavia (Serbia and Montenegro) Milosevic Sanctions Regulations. For more information, visit the OFAC website


U.S. Imposes New Economic Sanctions on Iranian Entities

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Friday, 24 June 2011 13:56

Yesterday, the U.S. Government announced that it was imposing economic sanctions on various Iranian business entities including an Iranian port operator and airline. These particular designations will be of interest to companies engaged in global trade especially international shipping. 

Read more... [U.S. Imposes New Economic Sanctions on Iranian Entities]
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