After the Bureau of Industry and Security added 120 entities to its Entity List last week for supporting the Russian and Belarusian militaries (see 2204010080), senior BIS official Thea Kendler said the U.S. won’t “hesitate” to impose more export restrictions.
New allegations of Russian war crimes in Ukraine are expected to trigger another set of U.S. and EU sanctions, with some top European officials calling for energy embargoes and harsher financial restrictions. Although the European Commission was already expected to consider expanding some of its existing sanctions this week, the bloc may take more significant steps after images surfaced over the weekend of potential war crimes committed by Russia's military, including in Bucha, Ukraine.
The Los Angeles and Long Beach ports again postponed by a week a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), the two ports announced April 1. The ports had planned to begin imposing the fee in November 2021 but have postponed it each week since. The latest extension delays the effective date until April 8.
The Office of Foreign Assets Control on April 1 fined S&P Global, a business analytics firm, $78,750 for violating U.S. Ukraine-related sanctions regulations. OFAC said the case was non-egreious, partly due to S&P's cooperation and agreement to improve its compliance program.
The Office of the U.S. Trade Representative released its 2022 National Trade Estimate Report on Foreign Trade Barriers, detailing the most significant foreign market access issues facing U.S. exporters. The report examines a range of import policies, tariffs, customs procedures and phytosanitary measures that are restricting U.S. goods, including China’s new “opaque and burdensome” facility registration requirements.
U.S. export controls against Russia have proven to be effective more quickly than expected, said Thea Kendler, the Bureau of Industry and Security's assistant secretary for export administration. While the U.S. restrictions have hit key Russian industrial and defense inputs, Kendler said a major reason behind their success has been the substantial buy-in from allies in Europe and Asia.
The Bureau of Industry and Security on March 30 added 73 new aircraft to its list of planes that have violated U.S. export controls by flying into Russia, including several aircraft owned by Russian cargo carriers. The list includes new planes owned by AirBridgeCargo, which calls itself Russia's largest cargo airline; Atran, a Moscow-based cargo airline; and other commercial or private aircraft owned by Aeroflot, Alrosa, Azur Air, Nordstar, Nordwind, Pegasfly, Pobeda, Rossiya, Royal Flight, S7 Airlines and Utair.
The U.S. can take several steps to increase its export control pressure against Russia, including expanding certain restrictions to capture a wider range of end-users in Russia beyond the military, said Matt Borman, a senior official at the Bureau of Industry and Security. Borman also stressed that Chinese companies on the Entity List still have much to lose if they aid Russia, including a complete ban from U.S. exports, financing and other services.
Proposed changes to the State Department’s defense export regulations, including a provision that would clarify definitions for “export” and “reexport,” received strong support from U.S. universities this month. The Association of University Export Control Officers said the proposed changes to the International Traffic in Arms Regulations will “make it simpler and more efficient for universities to remain compliant with” U.S. export regulations.
The past several weeks at U.S. sanctions agencies have ranked among the busiest times in recent memory, especially at the Office of Foreign Assets Control, where some employees are working nearly nonstop to implement and enforce new sanctions against Russia, former officials said in interviews. While some former officials said the extra work could shift minor projects to the side, lawyers are concerned it could also delay more pressing agency priorities, including licensing requests.