A lead negotiator for the Trans-Pacific Partnership released a paper arguing that reentering the rebranded Comprehensive and Progressive Agreement for TPP is still the best way to deal with China's trade distorting practices, but her paper, and speakers on a Sept. 30 webinar, revealed the many barriers to reentry.
Country of origin cases
Mexico's cabinet members in charge of implementing labor law changes and managing the USMCA more broadly said they are helping the private sector evaluate whether businesses could be a target of the rapid response mechanism, and they are working on the four-year process of democratizing labor unions in the country. Labor Secretary Luisa Maria Alcalde de Lujan said new laws include eliminating the former arbitration system, which was part of the executive branch, and creating a system of labor judges.
The State Department issued the final version of its guidance on exports of surveillance technology (see 1909040071 and 1911060049), which includes definitions and guidance principles for companies to weigh before exporting sensitive items to potential human rights abusers. The Sept. 30 guidance expands on the agency’s initial definition of human rights due diligence and offers a range of red flags and due diligence considerations, but did not significantly narrow its definition for surveillance items, despite requests from industry.
A California electronics company was fined about $475,000 after its former Finnish subsidiary illegally exported test measurement equipment to Iran, the Office of Foreign Assets Control said Sept. 24. After Keysight Technologies acquired Anite Finland Oy in 2015, Anite continued to illegally supply equipment to Iranian end-users, hiding the transactions from Keysight, OFAC said. In a settlement agreement, Keysight agreed to implement improved compliance procedures and an annual audit of its compliance program for the next five years.
The Office of Foreign Assets Control announced new Cuba sanctions and restrictions to limit the use of certain licenses and prohibit a range of activities in Cuba. The sanctions include restrictions on lodging in Cuba, professional research and “public performances.” The changes, outlined in a final rule released Sept. 23, are effective Sept. 24.
The Bureau of Industry and Security’s proposal to reduce the number of countries eligible for license exception Additional Permissive Reexports (APR) (see 2004270025) could damage U.S. competitiveness and lead to overly broad export restrictions, trade groups and industry said in comments released this month. If BIS follows through on the change, commenters suggested that it first limit the scope of the rule, which could potentially restrict more than 20 countries from receiving certain U.S. reexports that are controlled for national security reasons.
The owner of a Chicago technology company was charged with illegally exporting computer equipment to a Pakistani government nuclear research agency, the Justice Department said Sept. 21. The indictment charges Chicago-area resident Padula Syed, who owns Chicago-based BSI USA as well as Pakistan-based Business System International Pvt. LTD. Syed and Business Systems International were charged with conspiracy to violate the International Emergency Economic Powers Act and foreign trade regulations, and violating IEEPA.
The Bureau of Industry and Security added 47 entities and individuals to its Entity List for “acting contrary” to U.S. national security and foreign policy interests. The additions include entities in Canada, China, Hong Kong, Iran, Malaysia, Oman, Pakistan, Thailand, Turkey, the United Arab Emirates and the United Kingdom. Designations were for a range of illegal procurement activities, including sending nuclear-related items and other products to Iran. BIS will also correct four existing entries under China.
The Canada government issued the following trade-related notice as of Sept. 16 (some may also be given separate headlines):
The U.S. is seeking to seize more than $955,000 belonging to two China-based companies for acting as intermediates for North Korea’s purchase of telecommunications equipment from ZTE, the Department of Justice said Sept. 11. The companies -- Ryer International Trading Limited and Rensy International Trading Co., Limited -- allegedly helped North Korea illegally buy millions of dollars worth of U.S.-origin parts from ZTE between 2010 and 2016 by negotiating contracts, processing payments and receiving goods on behalf of North Korean customers. DOJ alleged Ryer and Rensy also acted as conduit for North Korean money laundering through sanctioned North Korean banks.