Beijing this week announced a host of new export license requirements for shipments of rare earths, superhard materials and related equipment, including new rules to restrict overseas exports if they contain certain levels of Chinese-origin materials. The country’s Ministry of Commerce also added more than a dozen companies to its Unreliable Entity List for arms sales to Taiwan or for other actions that it said hurt Chinese companies or the country’s “sovereignty” or security.
The Bureau of Industry and Security added 29 entities to the Entity List, including three addresses, for either helping to illegally supply U.S.-origin items to Iran or for their ties to Iranian procurement networks, BIS said in a final rule released and effective Oct. 8. BIS said the entities supplied or diverted aircraft parts, drone components, electronic items and other products to Iran, including to Iranian companies already on the Entity List or the Treasury Department’s Specially Designated Nationals List.
Export controls are likely to continue to be on the negotiating table during upcoming U.S.-China trade talks, panelists said this week.
Exporters shouldn't expect a grace period from enforcement under the Bureau of Industry and Security's new 50% rule, but the agency likely is first looking for intentional violators as opposed to exporters who made good-faith efforts to comply, industry lawyers and advisers said in interviews.
The U.S. ambassador to NATO suggested this week that the Trump administration won’t sign off on any new Russia sanctions until all EU and NATO members stop buying Russian energy.
Although the Bureau of Industry and Security in FAQs this week suggested its new 50% rule applies only to ownership and not the control that a parent company may have over an affiliate, that doesn’t mean U.S. exporters should ignore an Entity Listed company’s controlling influence over an unlisted company, said Mike Huneke, a trade lawyer with Morgan Lewis.
The Bureau of Industry and Security this week fined British Virgin Islands-based company Hallewell Ventures and its owner, Albert Avdolyan, $374,474 for violating sanctions against Russia. BIS said Hallewell illegally reexported a Bombardier Global 7500 jet from the Maldives to Russia without a license.
A Canada-headquartered biotechnology company agreed to pay the Bureau of Industry and Security $685,051 after admitting to illegally exporting water quality testing and analytical instruments to Iran. BIS said the company knew the shipments violated U.S. export controls, adding that it worked to “conceal” the destination of the exports by falsely listing a United Arab Emirates freight forwarder as the ultimate consignee, undervalued the items to avoid UAE customs scrutiny, and left out references to Iran in the invoice.
Processing of most export license applications, as well as sanctions licenses, will pause during the government shutdown that began Oct. 1, although export enforcement operations and national security-related investigations will continue, the Commerce, State and Treasury departments said this week.
The Bureau of Industry and Security's new 50% rule only applies to ownership, not the “control” that a parent company may have over an affiliate, the agency said in new FAQs. Other FAQs stress that the government’s Consolidated Screening List is no longer exhaustive, clarify how license exceptions may apply to unlisted affiliates, explain how BIS will determine whether a U.S. exporter has “knowledge” that a listed entity owns part of a non-listed foreign affiliate, and more.