China officially requested dispute consultations with the U.S. at the World Trade Organization Dec. 15 over American export controls on certain semiconductors, the WTO announced. China, which announced the move earlier in the week (see 2212120061), said the restrictions violate Article XXII of the General Agreement on Tariffs and Trade 1994 (GATT), Article XXII of the General Agreement on Trade in Services, Article 8 of the Agreement on Trade-Related Investment Measures and Article 64.1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights.
The State Department is proposing to expand the definition of activities that are not exports, reexports, retransfers or temporary imports by adding two new entries, the agency said in a notice released Dec. 15. One new entry would be the “taking of defense articles outside a previously approved country by the armed forces of a foreign government” or U.N. personnel on a “deployment or training exercise,” the State Department said. The second entry would be a foreign defense item that enters the U.S. but is subsequently exported under a license, provided it has not been “modified, enhanced, upgraded, or otherwise altered or improved or had a U.S.-origin defense article integrated into it.”
The Bureau of Industry and Security added a host of Chinese and Russian entities to the Entity List, including top Chinese chipmaker Yangtze Memory Technologies Co. and leading Chinese artificial intelligence firms, the agency said in a pair of notices released Dec. 15. The new restrictions on the Chinese firms are aimed at “severely restricting” China’s ability to leverage AI, advanced computing and other commercial technologies for its military or human rights abuses, BIS Undersecretary Alan Estevez said. The agency added the Russian entities to the list after it was unable to complete end-use checks. The changes took effect Dec. 16.
The U.K. has made small corrections to various sanctions listings under its Myanmar, Global Human Rights and Global Anti-Corruption sanctions regimes, the Office of Financial Sanctions Implementation announced. Under the Myanmar sanctions list, OFSI corrected the entry for the 99th Light Infantry Division, an entity it originally listed Dec. 9. For the Global Human Rights restrictions, OFSI corrected the entries for Kale Kayihura and Artur Shambazov -- entries that also were listed on Dec. 9. Under the Global Anti-Corruption sanctions regime, OFSI corrected the entry for Veselinovic Zvonko.
The Bureau of Industry and Security issued a 180-day temporary denial order this week against three people and two companies for illegally sending controlled exports to Russia as part of a Moscow-led sanctions evasion scheme. Along with the denial order, DOJ indicted the three people, along with others, on charges related to the illegal exports, including money laundering, wire fraud, bank fraud and conspiring to defraud the U.S.
Two former government officials, one a leader at a think tank, the other a lawyer at Akin Gump, acknowledge that even as businesses continue to believe quitting the Trans-Pacific Partnership was a tactical error, "there is no conceivable scenario in which the United States could sign onto the [Comprehensive and Progressive Agreement for] TPP as it exists today. Strong opposition from both sides of the political spectrum to key elements of the deal would prevent congressional approval."
The Bureau of Industry and Security this week renewed the temporary denial order (TDO) for three U.S. companies for their involvement in illegally exported technical drawings and blueprints to China (see 2206080068). The order, issued in June, was renewed for another 180 days, BIS said Dec. 5, partly because the agency found possible evidence of additional export violations.
The U.S. filed new charges under the Foreign Corrupt Practices Act against Javier Aguilar, a former oil and commodities trader at Vitol, accusing the Mexico and Houston resident of conspiracy to violate the FCPA's anti-bribery provisions for schemes in Ecuador and Mexico. The case against Aguilar was originally brought to the U.S. District Court for the Eastern District of New York in 2020 solely for the Ecuadorian bribery scheme (see 2009230016). The new indictment now lays out five counts against Aguilar, four for FCPA violations and one for money laundering (U.S. v. Javier Aguilar, E.D.N.Y. #20-00390).
Switzerland-based global technology firm ABB agreed to pay over $315 million to settle a Foreign Corrupt Practices Act investigation over the bribery of an official at South Africa's state-owned energy company, DOJ announced Dec. 2. DOJ coordinated the resolution of the case with the SEC and authorities in South Africa and Switzerland.
The Bureau of Industry and Security extended the comment period for its recently announced chip export controls against China, saying it wanted to give more time for commenters to review the October rule and submit their feedback. Comments were originally due Dec. 12 (see 2210070049) but will now be due Jan. 31, BIS said in a notice released Dec. 5. The new controls, designed to restrict China’s ability to acquire advanced computing chips and manufacture advanced semiconductors, have posed challenges for some in the semiconductor industry and sparked calls for additional guidance (see 2211010042 and 2211150044).