BIS Implements Additional Sanctions Against Russia, Belarus, Crimea and Iran
On May 23, 2023, BIS published a Final Rule amending the Export Administration Regulations (“EAR”) to expand the current export controls and sanctions levied against Russia and Belarus, Crimea, and Iran in response
BIS Publishes Clarifying Memorandum On The Concrete Benefits And Costs Of VSDs And Blowing The Whistle On Others
On April 18, 2023, the Commerce Department’s Bureau of Industry and Security (“BIS”) released a memorandum entitled “Clarifying Our Policy Regarding Voluntary Self-Disclosures and Disclosures Concerning Others” (“the Memorandum”), which represents a dramatic
BIS Proposes New Export Controls On Certain Automated Peptide Synthesizers
On April 20, 2023, the Commerce Department’s Bureau of Industry and Security (“BIS”) published a Proposed Rule for the imposition of export controls on certain automated peptide synthesizers typically used in biotechnology research and development activities. BIS proposes to treat such equipment as emerging and foundational technologies that are essential to U.S. national security under Section 1758 of the Export Control Reform Act of 2018 (“ECRA” at 50 U.S.C. 4801–4852). See 88 Federal Register 24341 (April 20, 2023). BIS previously published an Advanced Notice of Proposed Rulemaking in September 2022
The Disruptive Technology Strike Force
The U.S. Justice and Commerce Departments Announce Their New Export and Sanctions Enforcement Initiative: The Disruptive Technology Strike Force On February 16, 2023, the Department of Justice (“DOJ”) and the Commerce Department (“DOC”) issued a joint press release announcing the launch of the new Disruptive Technology Strike Force (“DIS-TECH Strike Force”). It will be led by the DOJ’s National Security Division and the DOC’s Bureau of Industry and Security (“BIS”), will consist of federal prosecutors, the FBI and Homeland Security
USTR Issues Notice and Request for Comments on Reinstatement of Expired Section 301 Product Exclusions
On October 5, 2021, the Office of the U.S. Trade Representative (USTR) published a Notice and Request for Comments on the possible reinstatement of expired product exclusions from the Section 301 tariffs on China. Comments must be submitted to the public docket on the web portal at https://comments.USTR.gov on or before December 1, 2021. The public docket on the web portal will open for comments on October 12, 2021. By way of background, and beginning in June 2018, USTR began imposing additional duties on products of China in four tranches, otherwise referred to as List 1, List 2, List 3 and List 4A. (Although List 4B was published, no tariffs are currently in effect.) The additional tariffs were imposed as a result of USTR’s investigation into China’s practice of requiring U.S. companies to transfer their intellectual property rights and technologies to Chinese companies in order to obtain business licenses and
FMC Announces 8 Recommendations to Improve Supply Chain Congestion
FMC Commissioner Rebecca Dye presented eight (8) interim recommendations to address supply chain congestion across the United States, and she plans to hold meetings in the near future with Supply Chain Innovation Teams to address container disruptions and increase supply chain visibility.
Federal Maritime Commission’s Ocean Carrier Audit Program
The “Vessel Operating Common Carrier Audit Program” has a dedicated audit team that will assess carrier compliance with the FMC’s rule on detention and demurrage and provide information it considers beneficial to monitoring the marketplace for ocean cargo services.