A Chinese consumer electronics company asked a federal U.S. court to block the Treasury and Defense departments from imposing restrictions on the company after it said it was falsely labeled as having ties to the Chinese military. In a Jan. 29 lawsuit, Beijing-based Xiaomi Corp. said its designation as a Chinese military company by both agencies had no “factual basis,” adding that it could face “irreparable harm” from the designation.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
More foreign investors are opting to submit a filing with the Committee on Foreign Investment in the U.S. out of an abundance of caution, even when there is no mandatory filing requirement, George Grammas, a trade lawyer with Squire Patton, said. Grammas said “sophisticated” investors are especially likely to file before the investment is complete, particularly as CFIUS continues a trend of reviewing years-old investments.
The U.S.’s decision to rejoin the Iran nuclear deal and rescind Iranian sanctions would be complex and time-consuming, likely taking months of bureaucratic work and negotiations, sanctions and Iran experts said. The new President Joe Biden administration has a range of Iranian-related sanctions issues to tackle before rejoining the agreement, the experts said, such as which Iranian entities and officials to de-list, whether to endorse Europe’s INSTEX and how to address humanitarian exports to Iran.
Linda Thomas-Greenfield, President Joe Biden’s nominee to be U.S. ambassador to the United Nations, said she would support sanctions against China and will lead an effort to stop the country from taking over international standards-setting bodies. She said she also will take aggressive measures to counter China’s growing role at the United Nations and its human rights violations. “I see that as my highest priority,” she told the Senate Foreign Relations Committee Jan. 27 during confirmation proceedings.
The Bureau of Industry and Security fined a California business owner $540,000 and suspended his export privileges after he allegedly caused false information to be submitted on controlled exports to Russia, BIS said Jan. 27. The agency said Julian Demurjian, who owned CIS Project, violated the Export Administration Regulations when he provided false values for exports of telecommunication equipment controlled for national security, encryption and anti-terrorism reasons.
Gina Raimondo, President Joe Biden’s nominee for commerce secretary, declined to say whether she plans to keep Huawei and other Chinese technology companies on the Entity List but made clear that Commerce will aggressively tackle illegal Chinese trade practices and human rights abuses. Speaking before the Senate Commerce Committee Jan. 26, Raimondo told lawmakers that the agency won’t make decisions on Chinese trade restrictions until completing a sweeping review of the measures and assessing their impact on U.S. national security (see 2101250049). “The President has been clear that we need to step back and review broadly our trade policies as it relates to China,” Raimondo said.
The Department of Defense is revising its process for identifying critical technologies that should be subject to export controls after the Government Accountability Office said its current process is too broad and lacks interagency coordination. Although the DOD is tasked with sharing a list of critical technologies with agencies that oversee export controls -- including the State, Commerce and Treasury departments -- officials at all three agencies said they sometimes don’t receive the list. None of the agencies received the list in 2019, the GAO said, even though it could have helped them better protect against trade theft and illegal exports.
The Joe Biden administration has begun a comprehensive review of U.S. trade policies involving China, including several of the restrictions imposed by the Trump administration during its final months, White House Press Secretary Jen Psaki said. Among those restrictions is the export controls placed on goods destined for Huawei (see 2012210044).
The Committee on Foreign Investment in the U.S. will maintain its focus on Chinese investment, prioritize enforcement and continue to tweak its jurisdiction under the Joe Biden administration (see 2009170017 and 2010270050), trade lawyers said. CFIUS also will likely continue to see an increase in filings, the lawyers said.
The Bureau of Industry and Security is working on several new proposed rules for emerging technologies and is still sifting through industry comments on potential controls for surveillance technologies, the agency said in its 2020 report to Congress this month. Along with its work on emerging technologies last year, the agency said it nearly doubled its civil penalties from 2019, processed about 3,000 more export license applications, and met with a range of trading partners and multilateral export regimes to discuss improvements to export controls.