A State Department policy change that lifts statutory debarments on companies that have export privileges still banned is a practical step toward rewarding past violators who aren't yet ready for complete reinstatement, lawyers say. The policy change, announced in a March 4 notice, came as State lifted a debarment against Colorado-based Rocky Mountain Instrument Company (RMI) -- stemming from 2010 violations of the Arms Export Control Act -- without reinstating RMI’s export privileges.

Export Compliance Daily is providing readers with some of the top stories for March 5-8 in case they were missed.

A transition deal on the United Kingdom’s exit from the European Union failed for a second time in the U.K. Parliament on March 12, setting up a series of votes on whether to leave the EU with no deal and whether to delay Brexit, according to a statement following the vote from U.K. Prime Minister Theresa May.

CBP would like even more public feedback on how to modernize the agency's processes and regulations, CBP said in a notice. CBP said it is reopening the comment period until April 11 to allow for new input after it held a March 1 meeting to discuss a wide range of ideas for updates. The March 1 meeting included few mentions of exports, but the docket of the original request for comments includes multiple suggestions and criticisms on the export side.

Work continues at CBP on its electronic pre-departure export manifest system, which the agency sees as a necessary precondition before the post-departure Automated Export System filing program is brought back, said Jim Swanson, CBP director-cargo and conveyance security and controls, in an interview. CBP is working on operational benefits for carriers to ramp up participation in its pilots in the ocean, rail and air modes, and hopes to move forward with truck pre-departure manifest next year, Swanson said.

CBP is starting to automate filings on used-car exports, a move that will help it more efficiently regulate an industry that has been “heavily infiltrated” by international criminal organizations, said Jim Swanson, director of CBP’s cargo and conveyance security and controls division. Swanson said CBP will move from a paper-based to an electronic-based filing system for used-car exports, which will allow the agency to verify or prohibit certain exports more quickly and accurately, abandoning an old method that sometimes resulted in original car titles getting lost.

Importers into the United Kingdom will be able to pay VAT on periodic returns rather than at the time of entry if the U.K. leaves the European Union with no deal in place on March 29, HM Revenue and Customs said in a guidance document issued March 6. “This will apply to goods from both EU and non-EU countries and will help businesses currently moving goods into the UK from other EU member states to reduce any cash flow impacts after the UK leave the EU,” the guidance said.

A recent fine on a U.S. company while simultaneously penalizing the manager of the company's foreign subsidiary after both violated sanctions on Iran seems reflective of the increasingly aggressive nature and number of U.S. enforcement actions taken on sanctions violations during the last few months, according to several Washington trade lawyers. The fine was called “unprecedented” in early February by the Department of the Treasury. After distributing just one penalty through the first eight months of 2018, the Office of Foreign Assets Control doled out six penalties during the last four months of 2018, according to the office's records. And two months through 2019, OFAC already has administered four penalties worth more than $7 million, according to the agency, including a $5.5 million penalty against the German subsidiary of an Illinois-based company on Feb. 14.

Companies not established in the United Kingdom will not be able to use most simplified procedures and customs facilitations in the U.K. should the country leave the European Union with no trade deal in place, the U.K.’s HM Revenue and Customs (HMRC) said In a guidance document issued March 6. That means that, to keep using the procedures, companies must either be a sole trader resident in the U.K.; have a registered office in the U.K.; or have a permanent place of business in the U.K. to carry out business activities, HMRC said.

The U.S. plans to increase sanctions on Iran by targeting certain foreign entities doing business with the country, potentially creating more compliance issues for American companies, according to Steven Brotherton, principal at KPMG. Speaking at a KPMG export controls information event, Brotherton said he was told in a recent meeting with an official from the Department of State’s Counter Threat Finance and Sanctions sector that the U.S. administration will be doing “a number of things to really ratchet up the sanctions on Iran.”