CBP’s Commercial Customs Operations Advisory Committee will receive several export modernization recommendations in a white paper expected to be presented during the COAC’s June 23 meeting (see 2106070033), the group said. The “Export Operations for the 21st Century” white paper, presented by the Secure Trade Lanes Subcommittee’s Export Modernization Work Group, will “lay out a strategy and roadmap for the next phase of the export process.” It will also outline where export data “actually originates,” who owns that data and how it should be used for export enforcement, the subcommittee said.
Country of origin cases
The Office of Foreign Assets Control issued guidance and three new general licenses to expand humanitarian-related exemptions for shipments and activities in sanctioned countries. The licenses apply to Iran, Syria and Venezuela and are accompanied by six new frequently asked questions to “further support the critical work” of humanitarian and COVID-19 aid to people in sanctioned regions. The guidance comes amid criticism from humanitarian groups that U.S. sanctions continue to inadvertently block aid shipments (see 2105260047 and 2105280004).
Companies involved in export controlled technology should be careful not to violate anti-discrimination regulations in their job postings, which have become “low-hanging fruit” for U.S. enforcement officials, trade lawyers said. The lawyers said many companies subject to deemed export regulations inadvertently advertise that only U.S. citizens can apply for their job posting, which could invite penalties from the Justice Department.
John Demers, the President Donald Trump-appointed official at the head of the Department of Justice's national security division, is leaving by his post at the end of June, a DOJ spokesperson said. The Biden administration has nominated former Uber executive Matt Olsen to replace him. Olsen is awaiting Senate confirmation. A DOJ spokesperson confirmed that Demers' departure had been pre-planned for months with June being the ultimate cutoff time for him to leave the division. Demers was originally slated to leave his role on inauguration day but was asked to stay on to aid with the transition. The national security division handles many security-related issues, from counterterrorism to export controls.
The European General Court annulled the sanctions designations of two individuals -- former Ukrainian President Viktor Fedorovych Yanukovych and his son, Oleksandr Viktorovych Yanukovych, according to two court decisions last week. The listings were dropped because the European Council had not “satisfied itself” that the Ukrainian authorities afforded the listed individuals proper rights of defense and judicial protection in the criminal proceedings on which the council relied in making its sanctions determination. Both were originally included on the EU's sanctions regime in 2014 as individuals “subject to criminal proceedings in Ukraine to investigate crimes in connection with the embezzlement of Ukrainian State funds and their illegal transfer outside Ukraine.”
The European Commission implemented provisional antidumping duties on imports of mono ethylene glycol from the U.S. and Saudi Arabia, according to a June 11 notification. The duties range from 8.5% to 52%, with the U.S. companies receiving the higher antidumping rates. The following is a list of the companies, their provisional dumping duties, country of origin and TARIC code.
The European Union General Court annulled the sanctions listing of Sayed Shamsuddin Borborudi, the former deputy head of the Atomic Energy Organization of Iran, in a June 9 judgment. Borborudi was originally listed under the EU's Iranian nuclear sanctions regime for his position with AEOI and his work with Iran's nuclear program since 2002. The general court said he stopped working for AEOI in 2013, and the European Council failed to show evidence of his continued involvement in Iran's nuclear program. His prior work did not justify a continued listing, the court said.
The Commerce Department is working with a police agency in rural Texas to help investigate illegally exported goods, an unorthodox relationship that has sparked concern among industry lawyers and led to disputed seizures.
As President Joe Biden searches for a leader for the Bureau of Industry and Security, the agency should prioritize candidates who are familiar with export control regulations and who can effectively manage the agency’s licensing process, two technology experts said. But others said Biden should choose a candidate with strong knowledge of the challenges imposed by China to help lead U.S. technology policy through an era of intense competition.
The World Trade Organization received an updated petition from online activist group Avaaz, signed by more than 2.7 million people, calling for universal access to COVID-19 vaccines, according to June 7 press release. Forty different organizations globally were involved in the petition, including Public Citizen, the People's Vaccine Alliance and Amnesty International. The petition was delivered the day before a meeting of the Council for Trade Related Aspects of Intellectual Property Rights, where discussions are ongoing on a proposal to waive TRIPS Agreement obligations for the vaccine. "The WTO is very appreciative of the time and dedication that Avaaz and others continue to give to this important issue," said Bernard Kuiten, the WTO's head of external relations. "The WTO needs to be aware of citizens' views and concerns with trade matters that could directly affect them. Avaaz and others are helping to raise awareness about access to vaccines and their vital role in ensuring a global solution to the COVID-19 crisis." An original version of the petition had more than 900,000 signatures and was dropped off at the WTO on Dec. 9, 2020.