The Commerce Department’s spring 2024 regulatory agenda for the Bureau of Industry and Security features a range of upcoming rules that could update and expand U.S. export control regulations, including new controls on the activities of U.S. persons in support of foreign military and intelligence agencies, revised regulatory language to address “diversion concerns,” new multilateral restrictions on emerging technologies and broader license requirements for Pakistan.
The EU last week called on traders to bolster their export compliance programs, warning that it plans to continue expanding its restrictions on Russia and will target more third-country customers illegally transshipping controlled items to Russia’s military.
The Biden administration is having “a lot” of conversations with China to try to convince the country to stop shipping certain dual-use goods to Russia, and some of those conversations appear to be working, said Jay Shambaugh, the Treasury Department’s undersecretary for international affairs. But Shambaugh also said the U.S. wants Beijing to do more, and the administration is analyzing whether its current trade and financial restrictions are strong enough.
The Bureau of Industry and Security is recommending exporters, reexporters and other businesses add a new customer screening tool to their due diligence steps before trading in goods that could later be diverted to Russia’s military, especially for microelectronics and other sensitive goods Russia is looking to import. In new guidance published this week, BIS also clarified the specific compliance steps companies and universities should take if they receive a red-flag letter, an is-informed letter or other written warnings from the agency about certain risky customers or transactions.
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The Treasury Department is proposing to add 59 military bases across 30 states to the jurisdiction of the Committee on Foreign Investment in the U.S., a move the agency said would “vastly expand the reach” of CFIUS powers over sensitive foreign purchases of U.S. land. Treasury is also proposing to increase the scope of transactions it can examine for land purchases near eight other military bases, amend the definition of “military installation” and make other technical changes to the list of bases.
Shipping, trucking and freight forwarding associations urged the Federal Maritime Commission to reject a request from a group of major ocean carriers seeking to push back the effective date of the FMC’s new demurrage and detention billing requirements (see 2402230049), saying in public comments to the commission that the delay would cause widespread confusion within the shipping industry. But two of those groups said the FMC should at least consider giving the industry more time to adapt to the rules before punishing violators with fines.
Shipments of used vehicles aren’t subject to U.S. regulations governing those exports if the U.S. seller doesn’t transfer the vehicles’ titles, ownership and other responsibilities to the foreign customer until after the vehicle is delivered overseas, CBP said in a recent customs ruling.
The U.K. must reassess whether it should investigate cotton imports from China suspected of being made with forced labor after an appellate court ruled last month that the country’s National Crime Agency wrongly decided against opening the probe.
Canada this week launched a 30-day consultation period as it decides whether to impose additional duties or take other measures against Chinese electronic vehicle imports. The consultations, which began July 2 and will run through Aug. 1, “seek views on potential policy responses,” Canada said, including new tariffs on a range of battery, plug-in hybrid and fuel cell electric vehicles.