Iran Export Controls

Former President Donald Trump is projected to win reelection and Republicans took back control of the Senate, setting up a possible repeat of the first Trump-led government that frequently used export controls to counter China and didn’t hesitate to levy threats at traditional U.S. trading partners.

Western nations imposing export controls against Russia should shift their focus away from microchips and instead prioritize the key raw materials and machine tools that Moscow needs for its artillery, according to a report this month from the U.K-based Royal United Services Institute and Open Source Centre. The report calls for more enforcement against Chinese machine tool suppliers and new, “strict sanctions” against companies shipping materials like chrome ore that Russia uses for its weapons.

Brian Assi, a Middle East-based salesman of a heavy machinery manufacturer, was convicted last week of violating sanctions against Iran after he tried to export U.S.-made drills to Iran without licenses from the Office of Foreign Assets Control.

While the Biden and Trump administrations both frequently imposed financial sanctions and export controls on China, the Biden administration has made greater use of two key tools: the Treasury Department’s Specially Designated Nationals and Blocked Persons List and the Commerce Department’s Entity List. That's according to a new report by the Center for a New American Security (CNAS).

The Bureau of Industry and Security will add 26 companies and people to the Entity List after the agency said they violated U.S. export controls -- including by supplying sensitive items to China, Iran, Pakistan or Russia -- or failed to comply with U.S. end-use checks.

The Bureau of Industry and Security on Oct. 23 will add 26 companies and people to the Entity List for trying to buy controlled U.S. items for China’s military, evade sanctions against Russia, supply sensitive goods to Iran or Pakistan, or for evading U.S. end-use checks, the agency said in a final rule released Oct. 21. BIS will also remove two entities from the list and update the address information for another entity.

The U.S. is increasingly expecting companies to monitor government guidance as well as export violations committed by others, and to use those cases as “lessons learned” to improve their own compliance programs, lawyers said this week.

The Office of Foreign Assets Control this week sanctioned several China-based companies, a person in Iran and others for helping to move weapons, dual-use items or commercial goods in support of the Houthis, the Yemen-based group that the U.S. designated as a terrorist organization in January (see 2401170025).

Members of the European Parliament approved a resolution last week calling on the EU to expand sanctions against Russia, Belarus, and non-EU countries and entities providing Russia with military and dual-use technologies.

Companies should continue to expect an “aggressive” U.S. sanctions enforcement landscape heading into next year, and should consider increasing the amount of due diligence they undertake if they haven’t already, panelists said during an event last week about sanctions compliance.