The Bureau of Industry and Security's effort to control emerging and foundational technologies is creating “substantial uncertainty” in the technology sector, Microsoft President Brad Smith told the Senate Armed Services Committee Feb. 23, according to his prepared testimony. Smith urged BIS and the Commerce Department to create a “balanced and coherent framework” to protect U.S. technologies without “isolating” U.S. companies, including from working with China.

The maritime shipping industry is struggling to find a short-term solution to the unprecedented congestion occurring at U.S. ports, which continues to impose large costs on traders and further clog the global supply chain, industry representatives said. Although work is being done by the Federal Maritime Commission and Congress to provide relief, they said many of those efforts will do little to ease port issues in the near future.

The Biden administration plans to coordinate more closely with Congress on U.S. weapons sales than the previous administration did, including on potentially controversial exports to Saudi Arabia and other Gulf states, said Rep. Gregory Meeks, D-N.Y., chairman of the House Foreign Affairs Committee. Closer coordination on weapons sales would be a departure from some sales under the Trump administration, which was criticized by House and Senate Democrats for stonewalling congressional oversight of emergency arms transfers (see 2008110027).

The Office of Foreign Assets Control imposed sanctions at a record pace during the Trump administration but saw a significant decline in enforcement actions and relied more heavily on voluntary disclosures as opposed to its own investigative resources, researchers said. Under President Donald Trump, OFAC also shifted its focus away from large financial institutions and instead targeted businesses in trade, manufacturing, travel and technology sectors, a trend that could promote more sanctions compliance across various industries.

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Adewale Adeyemo, President Joe Biden’s nominee for deputy treasury secretary, said he is open to continuing unilateral sanctions against China but stressed that he prefers multilateral sanctions and closer coordination with allies. Adeyemo also said he plans to conduct a “top-to-bottom” review of the agency’s sanctions procedures (see 2101190060) and examine whether the U.S.’s foreign investment screening tools should be strengthened.

The Biden administration has a range of pressing trade- and sanctions-related issues to address in the Middle East, including charting a path to restoring the Iranian nuclear deal, ensuring sanctions are not hindering humanitarian aid and recruiting Middle East allies to counter Chinese technology competition, experts said.

A judge with the U.S. District Court for the Southern District of Texas declined to allow the state of Texas to voluntarily drop a civil forfeiture lawsuit over goods seized by a local law enforcement group that aims to stop illegal exports. The state will continue litigation in a similar case in front of the same court. The federal government isn't a party in either case.

A Commerce Department rule designed to cut off U.S. shipments to foreign military intelligence agencies in China, Russia and beyond could create a host of due-diligence issues for exporters, industry lawyers said. Those issues could be compounded by industry uncertainty surrounding the scope of the rule, which may be unclear without BIS guidance. “We're getting an enormous number of questions,” said Giovanna Cinelli, an export control lawyer with Morgan Lewis. “I think the rule is open to interpretation, and that’s creating uncertainty.”

The European Union won’t hesitate to push back on U.S. extraterritorial sanctions but wants to work more closely with the Biden administration on sanctions programs to ease compliance burdens for EU companies, a top EU official said. “There is no better way to protect against extraterritorial sanctions than to align sanctions implementation with partners like the United States,” said Mairead McGuinness, an EU commissioner overseeing financial markets.