Compliance departments are “well-poised to handle” DOJ’s recently revised policies for how it assesses corporate compliance programs’ approach to communications platforms (see 2303030056), and “it’s totally within their competency and wheelhouse to do so,” said Julie DiMauro, a compliance professional with Global Relay, which helps businesses supervise and report communications intelligence. DiMauro rebutted comments from a former DOJ official who said this month that the new policies are “virtually unenforceable” (see 2304050081).
Hogan Lovells recently published a “global legal guide” to help companies analyze the “increasing number and complexity” of foreign direct investment screening regimes around the world. The guide provides information on and comparisons of FDI screening regimes in more than 20 jurisdictions across the Americas, the Asia Pacific and Europe, including the types of transactions subject to mandatory or voluntary filings, the principal authorities, timelines for review and potential penalties.
South Korea-based SM Line Corp. failed to properly perform its transportation obligations to inland destinations, leading to unfair detention and demurrage charges, Samsung Electronics America said in an April 19 complaint filed with the Federal Maritime Commission. Samsung accused the global shipping company of "unjust and unreasonable" practices in handling property, providing invoices without "adequate information" and imposing unreasonable charges in violation of U.S. shipping regulations. Samsung asked the FMC to require SM Line to pay Samsung reparations for the "unlawful conduct" and order it to stop the conduct. Samsung also requested an oral hearing.
The State Department approved a potential military sale to Turkey worth about $259 million, the Defense Security Cooperation Agency said April 17. The sale includes defense articles and services to “support upgrading its current fleet of F-16 aircraft.” The principal contractor will be Lockheed Martin Aeronautics.
CBP should implement a “standardized national process” for vehicle exports across U.S. ports, said Brian Barber, vice president of U.S. brokerage operations and government affairs at Willson International. Barber, speaking this week during CBP’s Trade Facilitation and Cargo Security Summit, said a more streamlined process could help brokers keep track of various vehicle export procedures.
The Federal Maritime Commission this week posted an instructional video on how to file a charge complaint. Charge complaints were established by the Ocean Shipping Reform Act of 2022 (see 2207140045). The video includes information about "the types of charges that can be contested, the materials needed to file a complaint, how investigations are conducted, and potential outcomes," according to an FMC press release.
The Federal Maritime Commission is giving more discretion to its Bureau of Enforcement, Investigations and Compliance (BEIC) by allowing it to issue notices of violations and to compromise civil penalty claims without first obtaining FMC approval. The changes, outlined in a final rule effective May 17, will "provide enhanced efficiency and flexibility during the enforcement process while maintaining Commission oversight," FMC said.
The Bureau of Industry and Security is looking for new candidates to serve on each of its six technical advisory committees, the agency said this week. The TAC members -- selected from industry, academia and government -- will help advise the Commerce Department on export controls and may serve terms of not more than four consecutive years. Applicants should send a resume and other required information to Yvette.Springer@bis.doc.gov by June 13.
The State Department approved two potential military sales to Morocco worth more than $700 million combined, the Defense Security Cooperation Agency said April 11. One sale includes $524.2 million worth of “High Mobility Artillery Rocket Systems” and related equipment, and the principal contractors will be Lockheed Martin Missiles and Fire Control, L3 Harris Communications, Raytheon, Cobham Aerospace Connectivity, Oshkosh Defense, AAR Corporation AAR Manufacturing, and AM General. The second sale includes $250 million worth of “Joint Stand Off Weapons” and related equipment, and the principal contractor will be Raytheon Missiles and Defense.
The Commerce Department’s Bureau of Economic Analysis is conducting a mandatory five-year benchmark survey of U.S. foreign direct investment, Thompson Hine said in an April client alert. U.S. companies must participate in the survey if at least 10% of their voting shares are directly or indirectly owned by a foreign person or company. Responses must be filed to BEA by May 31. The law firm warned that “completing the survey form can be time-intensive” depending on the “level of complexity of foreign ownership and the business’s corporate structure.” BEA will “generally approve reasonable requests for an extension of the filing deadline if requested before May 31.”