Iran Export Controls

The Treasury’s Office of Foreign Assets Control issued a frequently asked question March 6 clarifying how humanitarian goods can be sent to Iran to assist with the coronavirus outbreak. OFAC said there are a “number of ways” humanitarian goods, including donations, can be sent to the country, adding that medical-related donations are “generally exempt” from U.S. sanctions if those donations are not being sent to the Iranian government or others blocked by the Iranian Transactions Sanctions Regulations. OFAC also said donations are not authorized for shipments to entries on the agency’s Specially Designated Nationals List. Nongovernmental organizations are authorized under General License E to export services to Iran “in support of certain not-for-profit activities designed to directly benefit the Iranian people,” OFAC said. Others interested in exporting humanitarian goods to Iran should review the ITSR and other OFAC guidance, the agency said.

The U.S. should lobby for increased export controls and more stringent sanctions regimes relating to weapons proliferation at the upcoming Non-Proliferation Treaty review conference, arms control experts said during a March 3 House hearing. While it may be difficult for all treaty members to sign off on a broad consensus document relating to non-proliferation, the U.S. should use the spring conference in New York to seek common ground on controls of items used to produce dangerous weapons.

The U.S.-Swiss joint mechanism used to export humanitarian goods to Iran is now “fully operational,” the Treasury Department said Feb. 27. Treasury also issued a general license and a series of frequently asked questions to clarify how the mechanism can be used.

The Treasury’s Office of Foreign Assets Control released a report Feb. 19 on licensing activities for certain exports to Iran and Sudan during the second quarter of fiscal year 2019. The report provides licensing statistics for exports of agricultural goods, medicine and medical devices to both countries as required by the Trade Sanctions Reform and Export Enhancement Act of 2000.

United Kingdom companies are facing challenges navigating sanctions conflicts between the U.S. and the United Kingdom, which is leading to confusion over which items they can legally export, according to Roger Arthey, chair of the Institute of Export & International Trade’s Export Control Profession and the former head of export control compliance for Rolls-Royce. Those challenges were complicated by the U.S.’s withdrawal from the Joint Comprehensive Plan of Action in 2018 and the introduction of the European Union Blocking Regulation, which blocks EU businesses from complying with certain U.S. sanctions (see 1906240014).

The United Kingdom on Feb. 10 updated its guidance on Iranian trade sanctions and its requirements for exporting certain controlled nuclear items on the U.K.'s “Trigger List.” The notices now include links to further information on exporting nuclear and dual-use goods and services through the Iran procurement channel.

The Treasury’s Office of Foreign Assets Control sanctioned four international petrochemical and petroleum companies that have transferred hundreds of millions of dollars worth of exports from the National Iranian Oil Company, Treasury said in a Jan. 23 press release. The NIOC is “instrumental” in Iran’s petroleum industry and helps finance Iran’s Islamic Revolutionary Guard Corps-Qods Force, the agency said. OFAC sanctioned Hong Kong-based broker Triliance Petrochemical Co., Hong Kong-based Sage Energy HK, Shanghai-based Peakview Industry Co. and Dubai-based Beneathco DMCC.

Export Compliance Daily is providing readers with some of the top stories for Jan. 6-10 in case you missed them.

President Donald Trump issued an executive order expanding U.S. sanctions authority against Iran and the Treasury Department announced a series of new Iran sanctions, including measures against senior Iranian officials, metal companies and a vessel. The executive order grants the U.S. the authority to impose a series of new primary and secondary sanctions against people and companies involved with Iran’s construction, mining, manufacturing and textiles sectors, Treasury Secretary Steven Mnuchin said during a Jan. 10 press conference. While the executive order only mentioned those four sectors, additional Iranian sectors may be sanctioned, Mnuchin said.

China’s Foreign Ministry criticized a report released this week by the Congressional-Executive Commission on China that called for U.S. sanctions on Chinese officials, saying the commission has no “objectivity or credibility whatsoever.” The report, issued Jan. 8, also called for greater U.S. export controls on surveillance technologies being sent to China and urged the Trump administration to place more Chinese companies and agencies on the Commerce Department’s Entity List due to their involvement in human rights violations (see 2001080039).