CBP’s Commercial Customs Operations Advisory Committee released a partial version of its Export Modernization White Paper, which is meant to serve as a “strategy and roadmap” for the future of the export process (see 2106180025). The paper, presented by the Secure Trade Lanes Subcommittee’s Export Modernization Work Group during a June 23 meeting, includes information on the responsibilities of parties in the export process, where data “actually” originates, who owns the data, how it should be used for export enforcement and more.
The Court of Justice of the European Union found that Venezuela has standing to challenge restrictions made on it by the Council of the EU, according to a June 22 judgment. The CJEU, which overturned a General Court of the European Union ruling that came to the opposite conclusion, said Venezuela can challenge the financial sanctions in European court because the measures are liable to harm Venezuela's economic interests. The General Court originally found that Venezuela had no standing to bring a complaint because it is not an EU member state and had not shown it was directly affected by the sanctions.
The United Kingdom was to begin negotiations June 22 to join the 11-member Comprehensive and Progressive Agreement for Trans-Pacific Partnership, the Department of International Trade said in a news release. The agreement would welcome the U.K. as its first European member and lower trading barriers for British goods such as whisky and cars.
Senate Finance Subcommittee on International Trade Chairman Sen. Tom Carper, D-Del., and ranking member Sen. John Cornyn, R-Texas, agree that the U.S. should be in the Trans-Pacific Partnership, but the expert witnesses at the hearing they held June 22 showed no path to the U.S. reentering the agreement with the 11 countries that went on to seal the deal. This was despite agreement among most subcommittee members (though not Sen. Sherrod Brown, D-Ohio) and the witnesses that leaving TPP was a tactical mistake that leaves the U.S. at a trade and geopolitical disadvantage.
The European Council extended its sanctions regime on Russia related to its annexation of Crimea and Sevastopol until June 23, 2022, a June 21 news release said. Current restrictions under the regime target European Union imports of Crimea or Sevastopol-origin goods and infrastructural or financial investments and tourism services in the annexed regions. The sanctions were first put in place in June 2014, following annexation by Russia.
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.
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.”