The Treasury’s Office of Foreign Assets Control published a 12-page guide on sanctions compliance for U.S. and foreign businesses, detailing what OFAC defines as effective compliance programs and outlining several “root causes” of sanctions violations. The guide, published May 2, delves into the level of compliance that OFAC expects from companies and how best to avoid sanctions violations. The guide covers five categories: management commitment, risk assessment, internal controls, testing and auditing, and training.
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.
China’s progress toward its satellite ambitions show the need for stricter export controls, stronger collaboration on those controls with U.S. allies, and more staffing and funding for U.S. enforcement agencies, panelists said during a meeting on U.S. space-related export controls. The discussion, part of a series of panels hosted by the U.S.-China Economic and Security Review Commission on April 25, was billed as a conversation on China’s military-civil fusion. Lorand Laskai, a researcher at the Georgetown Center for Security and Emerging Technology, presented a dire outlook for the state of U.S.-China commercial space competition, saying China poses a major threat to U.S. export controls.
The Treasury’s Office of Foreign Assets Control announced a settlement of $75,375 with Haverly Systems, a New Jersey software company with offices in Texas and California, for violations of the Ukraine Related Sanctions regulations, OFAC said in an April 25 enforcement notice. Haverly violated the sanctions twice between May 2016 and January 2017 when it “dealt in new debt of greater than 90 days maturity” with JSC Rosneft, a Russian oil company that was designated under Ukraine-related sanctions, OFAC said.
The Trump administration's proposal to transfer firearms-related export controls from the State Department to Commerce would cause significant harm to global security and would loosen necessary controls over dangerous weapons, according to a panel organized by Rep. Norma Torres, D-Calif. Speaking at a House office building on April 23, gun-control experts and advocates attempted to debunk the administration's rationalization for transferring authority for gun export controls. Several pointed to the dangers of increased weapons exporting, saying the U.S. could become complicit in killings around the world. Others pointed to lapses in regulations if the changes take effect.
As the United Kingdom moves closer to its withdrawal date from the European Union in October, traditional “cookie cutter” compliance programs will not be sufficient for companies looking to remain compliant with global sanctions in Brexit’s aftermath, said Tina Carlile, a senior counsel for international trade at BP.
The Trump administration will no longer grant exemptions for Iranian oil sanctions, Secretary of State Mike Pompeo told reporters April 22, a move aimed at sharply reducing Iran’s oil exports and tightening pressure on the country to comply with U.S. demands. The current set of exemption waivers expire in early May, the White House said in a statement.
Officials from the State and Commerce departments underscored the importance of open communication and urged industry leaders to submit public comments as the two begin a review of space-related export controls under a Trump administration directive. At the April 17 public meeting at the Department of Commerce, several officials, including Commerce Secretary Wilbur Ross, said they were seeking public comments on an advanced notice of proposed rulemaking for both State and Commerce, specifically surrounding items listed on the U.S. Munitions List regarding categories IV and XV: launch vehicles and spacecraft, respectively. The notices were issued March 8; comments are due April 22.
The Trump administration is expected to complete a review of the current scope of U.S. export controls on countries subject to arms embargoes, including China, and may make potential regulatory changes by May 10, according to an April 5 blog post from Steptoe & Johnson. The administration’s review stems from a section of the 2018 Export Control Reform Act, which requires a “review relating to countries subject to comprehensive United States arms embargo.” The act specifically requires the Commerce, State and Defense departments, among others, to review export controls on trades with “military end uses and military end users,” according to the post.
U.S. Trade Representative Robert Lighthizer touched on India’s potential retaliatory tariffs against the U.S. and criticized the country’s “significant tariff and nontariff barriers” in the 2019 National Trade Estimate on Foreign Trade Barriers. The 540-page report, released March 29, said India’s tariff barriers “impede imports of U.S. products into India” and was critical of India’s “complex” customs system and failure to “observe transparency requirements.”
Sanctions on North Korea have not been working, a United Nations Panel of Experts official told a House subcommittee on March 27, adding that North Korea has made no progress toward denuclearization.