Industry should expect a “surge” in corporate enforcement from the Department of Justice now that officials have had time to transition from the previous administration, particularly in sanctions and export control areas, Crowell & Moring said Oct. 12. The firm expects a “heavy focus” on trade violations involving Iran, China, North Korea and Russia, and continued focus on cryptocurrencies, including enforcement that targets illegal ransomware activities and payments (see 2110130038). The firm also noted that the U.S. has devoted more resources to foreign bribery enforcement, including recently assigning a squad of FBI agents to work full time in the DOJ’s Fraud Section, which will help the agency’s investigative efforts.
The Committee on Foreign Investment in the U.S. approved the acquisition of U.S.-based GP Strategies by United Kingdom-based Learning Technologies Group (see 2108160020). CFIUS approved the deal Oct. 7, LTG said in a Securities and Exchange Commission filing. LTG, a provider of digital workplace learning technologies, completed the acquisition, it said Oct. 15. GP Strategies is a workforce solutions provider.
The Bureau of Industry and Security will hold a virtual forum Oct. 29 to gather recommendations to “strengthen the resiliency of critical supply chains supporting the U.S. information and communications technology (ICT) industrial base that are at risk of disruption, strain, compromise, or elimination,” the agency said. The meeting is part of the effort launched by the February 2021 executive order on ICT supply chains. Requests to attend are due by 5 p.m. EDT on Oct. 27.
The Federal Maritime Commission on Oct. 27 will hold the inaugural meeting of the National Shipper Advisory Commission, which was established earlier this year to advise the FMC on shipping competitiveness and fairness in the ocean freight delivery system (see 2106080005). During the virtual meeting, scheduled for 1 p.m. to 4 p.m. EDT, members from the export and import community will, among other items on the agenda, elect a chair and vice chair, and “discuss issues related to ongoing supply chain congestion issues,” the FMC said this week. The meeting will be held about a month after the FMC approved recommendations to address ocean freight delivery and port issues (see 2109150035).
The State Department’s Directorate of Defense Trade Controls said the phone lines for its Help Desk and Response Team have been experiencing issues this week and urged industry to instead email DDTCCustomerService@state.gov with questions. DDTC said it is “working towards a resolution” and will post updates on its websites.
The Bureau of Industry and Security is seeking feedback for its annual conference next year to determine whether to hold it virtually, in person or as a hybrid of the two, and whether participants would be willing to pay a higher fee. The agency said it “strives to keep its conference and seminar fees as low as possible” but expects an increase in 2022. Completed voluntary questionnaires are due by Oct. 19.
A Chinese technology company this month signed a national security agreement with the Committee on Foreign Investment in the U.S. involving the company’s 2016 acquisition of a U.S. data services firm. CFIUS and China-based Genimous Technology on Oct. 1 finalized the NSA, which outlines several conditions for Genimous’ acquisition of U.S.-based Spigot, Yicai Global, a Chinese state-run media organization, reported Oct. 8. According to the NSA, Genimous will hire a CFIUS-approved safety director and a safety compliance officer to oversee certain “data security issues,” the report said. Genimous must also store all personal data on U.S. users within the U.S. and can’t export that data to “any other associated firms” without approval from the safety director. Genimous must also restructure its “overseas associate firm” so that the majority of its board of directors -- who will be subject to CFIUS approval -- are U.S. citizens.
The Treasury Department Oct. 7 released a list of countries that require or may require participation in, or cooperation with, an international boycott. Listed are Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria and Yemen. The list is unchanged from the previous version (see 2107220019).
Intel is optimistic about the results of last week’s inaugural meeting in Pittsburgh of the EU-U.S. Trade and Technology Council (see 2110010036) because it has “significant operations on both sides of the Atlantic, including semiconductor plants and R&D centers,” blogged Chief Trade Officer Jeff Rittener Oct. 5. “The conversations that took place take us one step closer to alignment on regulatory policies to help reduce trade barriers.” The TTC established a multilateral approach to export controls as a top priority for “supporting a global level-playing field,” he said. “A harmonized export control regime among like-minded transatlantic partners would ensure products are available in an increasingly digital world.” The regime has “significant potential for increased cooperation and harmonization between the U.S. and the EU, especially as narratives such as technological sovereignty and open strategic autonomy shape dialogues,” Rittener said. “[B]oth entities should make sure that any new controls are smart controls that meet the national security objectives of the EU and U.S.”
The Committee on Foreign Investment in the U.S. needs significant revisions to fix its unbalanced, secretive reviews, which fail to hold member agencies accountable and are damaging the U.S. investment atmosphere, said Stephen Heifetz, a former CFIUS official. Heifetz said CFIUS may be unnecessarily driving away foreign investment with the threat of national security reviews, which can take more than a year to resolve and sometimes don’t provide reasonable justifications to the parties involved.