The Justice Department released an updated compliance program guidance urging industry to rely more on data, learn from past compliance penalties and improve compliance training. But the guidance, issued June 1, also introduces a “subtle” shift in how prosecutors will assess compliance programs, law firms said: More of an emphasis will be placed on determining whether programs are built to adapt to new compliance risks or whether they only rely on bare minimum measures.
The Treasury Department’s Office of Foreign Assets Control on June 5 issued a series of frequently asked questions to clarify a January executive order that expanded U.S. sanctions authority against Iran (see 2001100050). The FAQs clarified that the U.S. will not target Iranian medical manufacturers, defined the sectors of Iran’s economy referenced in the order and specified which goods and services may be targeted. Before this guidance, the agency had done little to define the broad scope of the order, which was causing confusion about the reach of the authorities and the Iranian sectors that would be subject to expanded sanctions (see 2001170034).
U.S. lawmakers and sanctions experts said the administration should move faster to impose sanctions on China for interference in Hong Kong and increase export controls on critical technologies and crowd control equipment. Democratic and Republican senators said they would back a bill introduced in the Senate this week that would sanction Chinese officials and foreign banks, while experts called for a focused, multilateral sanctions approach to minimize impacts on Hong Kong citizens and U.S. companies.
The Commerce Department's Bureau of Industry and Security will officially add 33 companies and government agencies to the Entity List on June 5 for their roles in aiding proliferation activities and human rights abuses in China’s Xinjiang province, BIS said in two Federal Register notices. The notices formalize the additions, which were announced in May (see 2005220058).
The Commerce Department plans to issue an advance notice of proposed rulemaking to remove certain filing requirements for exporters shipping goods to Puerto Rico, said Kiesha Downs, chief of the Foreign Trade Division’s regulations branch at the Census Bureau. The rule is under review by the Office of Information and Regulatory Affairs and is expected to be published this year, Downs said during a June 2 Regulations and Procedures Technical Advisory Committee meeting.
The Commerce Department has not been able to officially designate 33 entities for weapons proliferation and human rights abuses due to publication delays at the Federal Register, a Commerce official said. The designations, which were announced May 22, will add companies and government agencies to Commerce’s Entity List for involvement in China’s detention and abuses of its Uighur population (see 2005220058).
Commerce Department officials will hold discussions with the Office of the General Counsel June 3 to try to make progress on the agency’s long-awaited proposed rules on routed export transactions, said Kiesha Downs, chief of the Census Bureau Foreign Trade Division’s regulations branch. The discussions will include OGC’s Office of the Chief Counsel and officials from both Census and the Bureau of Industry and Security as the two agencies try to build on a meeting in March (see 2003100046).
China reportedly ordered its state-controlled companies to stop buying certain U.S. agricultural products after the U.S. certified last week that Hong Kong no longer qualifies for special trade treatment. The decision also came after President Donald Trump said the U.S. will sanction Chinese officials, increase export controls on dual-use technologies, and end the special customs territory in response to Beijing’s so-called national security law (see 2005290047), which the State Department said threatens Hong Kong’s autonomy (see 2005270026).
The Committee on Foreign Investment in the U.S. is increasing scrutiny on transactions involving basic medical supplies and sensitive technologies, trade lawyers said. Companies may also be seeing more CFIUS-related delays and a heavier involvement by political appointees in the CFIUS process as the Trump administration seeks to place more pressure on China, the lawyers said.
The U.S. will officially strip Hong Kong of its special trade treatment, which will include changes to U.S. export controls and sanctions against Chinese officials, President Donald Trump said May 29. Trump said the export controls will impact dual-use technologies and sanctions will target both Hong Kong and mainland China officials.