Jacob Kopnick

Kevin Wolf, a former top Bureau of Industry and Security official, presented his strategy for the future of U.S. export controls to address emerging security challenges during an April 15 Akin Gump webinar. He also briefly assessed U.S. export control policy during the Donald Trump administration and continued to say he isn’t behind the rumors that he’s being considered for the BIS undersecretary role see 2104070026).

A lawyer for Turkish government-owned bank Halkbank made the case to the U.S. Court of Appeals for the 2nd Circuit that it is immune from prosecution due to protections under the Foreign Sovereign Immunity Act, in an April 12 oral argument. Simon Latcovich of Williams & Connolly asserted that the government had no jurisdiction over the bank since the bank is owned by the Turkish government and that the FSIA does not extend jurisdiction over sovereign states for criminal cases. Latcovich also claimed that even if the FSIA allowed for this jurisdiction, Halkbank would still be exempt from prosecution under common law. His argument follows that if the courts were to find that immunity for sovereign states was not extended to criminal cases under the FSIA, this would erode the congressional mandate of the act without a word from the body itself.

Following the Chinese government's decision to place retaliatory sanctions on Canadian and British officials and entities for their criticism of the alleged human rights abuses in the country's Xinjiang region, lawyers in both countries are expressing concern over the rising tensions between the two sides and noticing greater business concern over maintaining Chinese market access. Neil Williams and Thomas Cattee, white collar crime lawyers at Gherson Solicitors in the United Kingdom, said the Chinese sanctions are merely symbolic without any real underlying economic effect but that sanctioned individuals in the U.K. have deferred to Chinese demands.

Export compliance costs and awareness will likely rise for aircraft transactions due to increased compliance by aircraft sellers following the seizure of 12 aircraft on export violation charges, Vedder Price's David Hernandez said. In an April 5 report, Hernandez looked at the impacts of the indictments of eight individuals charged with drug trafficking and export violation conspiracies, including the owner of Aircraft Guaranty Corporation (see 2103010028). The indictments arose from a series of investigations into the customs export practices of U.S.-based trust companies serving as trustees in aircraft ownership trusts with non-U.S. citizens, called Non-Citizen Trusts.

The president of a Long Island, New York-based cosmetics company, Michael Rose, was arrested for allegedly selling more than $350,000 in cosmetic goods to an Iranian importer in violation of U.S. sanctions on the Middle Eastern nation, the U.S. Attorney's Office for the Southern District of New York announced in an April 6 news release. Between 2015 and 2018, Rose, of Ridgefield, Connecticut, allegedly exported the goods to an Iranian importer to fulfill a contract the two parties signed, making the importer the sole distributor of Rose's cosmetics in Iran. The goods skirted U.S. sanctions via front companies that had Rose sending his cosmetics to the United Arab Emirates. Rose also allegedly filed false and misleading information on Commerce Department Shipper's Export Declaration forms, declaring that the “ultimate consignee” for the goods was the UAE and not Iran.

Four intellectual property industry groups, in a letter to U.S. Trade Representative Katherine Tai, voiced their support for the U.S.'s opposition to the TRIPS waiver at the World Trade Organization. The American Intellectual Property Law Association, Intellectual Property Owners Association, the Licensing Executives Society (USA and Canada) Inc. and the New York Intellectual Property Law Association said they wrote to protect the IP rights of their members that have incentivized the innovations that “allowed us to combat COVID-19 and continues to do so.” The TRIPS waiver would waive IP rights relating to the “prevention, containment or treatment” of the novel coronavirus for a limited period of time. The industry groups argue that it has been IP itself that has allowed for life-saving innovations and facilitated the sharing of technical information with appropriate protections. They also suggest that they know of no data that shows IP rights are restricting vaccine development.

Experts in the United Kingdom are expressing a skepticism over the effectiveness of Britain's new freeport system, questioning the ports' ability to attract new investment and provide duty relief for imports. They point to accusations of the political nature of the system's execution and the fallacy that the U.K. couldn't have set up the freeports when it was part of the EU, when in fact they existed on England's shores from 1984 to 2012. A lot of “magical thinking” goes into freeports, Steptoe & Johnson's Christophe Bondy said.

China imposed sanctions on nine British nationals and four businesses that “maliciously spread lies and disinformation” about the serious human rights violations by China against the Uyghur Muslim minority in the Xinjiang region, a spokesperson for China's Ministry of Foreign Affairs said in a March 26 news release. The sanctions, which take the form of an asset freeze and travel ban, come as a response to the United Kingdom's own sanctions against Chinese individuals or entities on March 23 that the kingdom coordinated with the European Union and the U.S. (see 2103220034). Five members of Parliament were included in the Chinese sanctions: Iain Duncan Smith, Tom Tugendhat, Neil O'Brien, Nusrat Ghani and Tim Loughton. The other four individuals are House of Lords members David Alton and Helena Kennedy, lawyer Geoffrey Nice and Joanne Nicola Smith Finley of New Castle University. The four entities are the China Research Group, Conservative Party Human Rights Commission, Uyghur Tribunal and Essex Court Chambers.

The European Union is expanding its control over exports of COVID-19 vaccines made in the bloc and is now basing its decision to block exports on “reciprocity” and “proportionality,” the European Commission announced in a March 24 news release. The EC will consider whether the destination country restricts its own exports of vaccines or their components and whether the COVID-19 infection and vaccination rates in the target country are better or worse than the EU's, it said. The EC said it also will consider whether a vaccine export will threaten the EU's inoculation rate. Seventeen countries previously exempt from restrictions are now under export control while 92 low- and middle-income countries remain exempt, it said.

The United Kingdom will establish four new trade and investment hubs in Scotland, Wales, Northern Ireland and northeastern England to bolster its exporting ability, International Trade Secretary Liz Truss detailed in a March 23 news release. These Edinburgh, Cardiff, Belfast and Darlington hubs will house teams of export and investment specialists to help businesses maximize their export potential and access major trade markets, the release said. The Department for International Trade expects to have 550 staff at these hubs by 2025, with an ultimate goal of 750 by 2030. “I'm determined to use UK trade policy to benefit every part of the UK. These Trade and Investment hubs will help this country to an export and jobs-led recovery,” Truss said in the release. While technically launched in September, the Edinburgh hub will see a large surge in employees following this March 23 relaunch, the release said. The Darlington hub will also be the city's second major Department for International Trade site.