The Bureau of Industry and Security this week unveiled a new set of changes to its voluntary self-disclosure policies that it hopes will allow compliance professionals to spend more time and money preventing serious export violations and less resources on reporting minor ones. The agency also said it has seen a sharp uptick in self-disclosures of serious violations over the last year and has been getting more tips from businesses about possible violations committed by their competitors.
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.
The U.S. this week announced plans to designate the Yemen-based Houthis as a terrorist organization, which will subject them to strict financial sanctions that will restrict their access to funding and financial markets, the White House said Jan. 17. The designation comes after months of Houthi-led attacks on commercial ships transiting the Red Sea and the Gulf of Aden (see 2401030065 and 2401050066), which National Security Adviser Jake Sullivan said “fit the textbook definition of terrorism.”
The EU should require member states to report Russia-related sanctions enforcement data, audit their sanctions implementation efforts and step up enforcement against violators, a think tank network said in a set of 11 policy recommendations for 2024. The group said implementation and enforcement of Russia sanctions “will be critical” this year.
The U.S. is likely to continue using export controls, investment restrictions and other economic policy tools against China this year, particularly as the upcoming presidential election draws closer, trade and economic policy experts said this week.
A new U.S. executive order significantly raises Russia-related compliance risks for foreign banks that may have thought they weren’t subject to U.S. sanctions authorities, law firms said this month. The order also could lead to new risks for U.S. businesses, the firms said, which may need to conduct more due diligence on any foreign financial institutions with ties to their supply chains.
Businesses and industry lawyers should expect to see an increase in Foreign Corrupt Practices Act enforcement this year, especially as DOJ more frequently uses data analytics to find possible violations, said Dan Kahn, the former chief of DOJ’s FCPA unit.
Members of the U.K. Parliament this week questioned whether the government should be imposing more restrictions on China, including through human rights sanctions on Hong Kong officials and export restrictions on a broader range of Chinese technology companies. They also urged the U.K. to share the results of a possible review of its arms export policies toward Israel, which at least one member said hasn’t been transparent.
The U.S. fined German software company SAP SE more than $200 million for violating the Foreign Corrupt Practices Act, saying it bribed government officials in South Africa, Malawi, Kenya, Tanzania, Ghana, Indonesia and Azerbaijan to secure business contracts. The company agreed to a nearly $100 million settlement with the SEC and faces a $118.8 million criminal penalty, along with a forfeiture, as part of a deferred prosecution agreement with DOJ.
A Texas shipper accused major Chinese ocean carrier Cosco Shipping Lines of violating U.S. shipping regulations through unfair detention and demurrage charges, costing it nearly $2 million in damages. Visual Comfort & Co, a shipper of lighting products, said Cosco “refused” to extend free days for containers that couldn’t be returned to the port and declined to divert shipments to less crowded ports, allowing the carrier to charge “astronomical” D&D fees.
The U.S. shouldn’t rush to impose new export controls on sensitive lidar technology, experts said, mostly because American firms may not have chokepoints over lidar and the restrictions may hurt U.S. export revenue.