The Federal Maritime Commission should issue an emergency order requiring carriers and terminal operators to share more information on cargo availability with shippers and other carriers, more than a dozen motor carriers and logistics companies said. The companies, most of which move freight at the Port of New York and New Jersey, said inadequate information sharing has created an emergency that is hurting their operations and restricting cargo from moving efficiently.
The Los Angeles and Long Beach ports again postponed by one month a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), the two ports announced Aug. 26. The ports had planned to begin imposing the fee in November 2021 but postponed it each week until July 29, when the ports announced their first one-month postponement (see 2207290053). The latest one-month extension delays the effective date until Sept. 23.
The recent surge in U.S. sanctions and export controls on Russia is causing resource strains for compliance teams, KPMG lawyers said during a webinar last week. Constantly expanding restricted party lists, as well as due diligence requirements under the Commerce Department’s military end-user rules, have become increasingly time-consuming and expensive to comply with, the lawyers said.
Several companies recently disclosed their filings with the Committee on Foreign Investment in the U.S. or updated the status of their ongoing CFIUS reviews.
The U.S. should update its export control process, specifically around licensing, to better boost the competitiveness of the space industrial base, government officials and industry representatives said. Some in industry said U.S. companies often face burdensome licensing requirements compared with foreign competitors, which hurt their standing in global markets.
The Bureau of Industry and Security added seven Chinese entities to its Entity List for acquiring or attempting to acquire U.S. technology to support China’s “military modernization efforts.” All the entities -- which include six research institutes connected to China Electronics Technology Group, one of the country’s largest electronics companies -- will require a license for all items subject to the Export Administration Regulations. BIS will review license applications under a policy of presumption of denial. The additions took effect Aug. 24.
Businesses trading in and with the U.K. should prepare for a range of new border trade controls and procedures, including new phytosanitary measures and a revised trusted trader program, Institute of Export and International Trade experts said this week. While it’s unclear when some of the new measures will take effect, experts with the institute said traders can take steps now to make sure they comply with the regime.
China’s announcement this summer that it made progress in its chip technology doesn't necessarily mean there was a failure in U.S. export control policy, said Bill Reinsch, a senior export administration official during the Bill Clinton administration. Reinsch said it’s unclear if China’s new chip even exists and where Beijing received the equipment to produce it.
As the Biden administration enacts legislation to bolster the green energy and semiconductor industries, the U.S. likely will see an influx of foreign investment in both sectors, which could lead to more filings with the Committee on Foreign Investment in the U.S., said Michael Considine, a Department of Energy official, speaking during a Vinson & Elkins webinar last week. He also expects some emerging clean-energy technologies to have dual-use capabilities, which also could trigger more CFIUS reviews.
The U.S. and Taiwan this week agreed to soon begin trade talks under a new initiative aimed at increasing trade in goods and removing “discriminatory barriers,” the Office of U.S. Trade Representative said. The negotiations, which USTR said are set to begin “early this fall,” also will include discussions on trade facilitation measures, anti-corruption, agriculture, technology standards, digital trade, labor and non-market policies. The U.S. and Taiwan plan to “pursue an ambitious schedule” for the talks, Deputy USTR Sarah Bianchi said, adding the discussions will result in a “fairer, more prosperous and resilient 21st century economy.”