DOJ-Commerce Department Disruptive Technology Strike Force senior officials traveled to Ukraine last week to speak with Ukrainian officials about Russia-related export enforcement and ways the two sides can better share information. The delegation -- which included Matthew Axelrod, Commerce’s top export enforcement official, and Matthew Olsen, the head of DOJ’s National Security Division -- spoke about efforts to “stop the flow of sensitive technologies to aid the Russian war machine,” the Bureau of Industry and Security said in a readout of the meetings.
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Petitioning to be delisted from a sanctions regime has become increasingly difficult and often lacks transparency, both in the U.S. and Canada, trade lawyers from both countries said this week. Several lawyers, including a former high-ranking senior U.S. sanctions official, said designated people often aren’t given an adequate explanation for why they were sanctioned and therefore aren’t able to fairly challenge the basis for their designation.
The Bureau of Industry and Security issued a temporary denial order on Nov. 7 against seven people and three companies for orchestrating a scheme to illegally export millions of dollars worth of export-controlled dual-use electronics to Russia. BIS said the U.S.-origin items were bought by Russian procurement agents and transshipped through other countries before being delivered to Russian companies with ties to the country’s military.
The Bureau of Industry and Security and the Financial Crimes Enforcement Network this week issued another set of export control evasion red flags for financial service firms along with a new key term that banks and others can include in their suspicious activity reports to FinCEN. The new term will “enable even more BIS investigative and Entity List actions against” people and companies looking to evade U.S. export controls, said Matthew Axelrod, BIS’ top export enforcement official.
Switzerland's State Secretariat for Economic Affairs on Nov. 1 amended 224 entries under its Russia sanctions regime. The updates were for 181 people and 43 entities and, for many, gave more specific reasons for the listings. The changes took effect Nov. 2.
The Guernsey Financial Services Commission on Nov. 1 called on companies to submit reports involving frozen assets linked to parties designated under the Russia sanctions list. Businesses that "hold or control frozen assets" of the sanctioned parties, "or which have an ongoing connection to frozen assets outside" Guernsey, should report certain information about those assets to the government by Nov. 24.
The House on Nov. 3 passed a bill that could lead to new primary and secondary sanctions on foreign ports and refineries that process or accept petroleum exported from or originating in Iran. The Stop Harboring Iranian Petroleum Act, passed 342-69, could also lead to sanctions on any entity that “transports, offloads, or otherwise deals in petroleum originating in Iran, including vessels engaging in ship-to-ship transfers of petroleum,” according to a press release from Rep. Mike Lawler, R-N.Y., who introduced the bill alongside Rep. Jared Moskowitz, D-Fla.
The Office of Foreign Assets Control last week sanctioned Ekaterina Zhdanova, a Russian national who the agency said has laundered money and moved funds on behalf of wealthy Russians using virtual currency.
As the EU implements its new import restrictions on Russian iron and steel, European companies are starting to ask U.S. exporters whether their products contain those Russian metals, said Scott Gearity, a consultant with the Export Compliance Training Institute. Gearity said most U.S. companies shouldn’t face any legal issues in making that certification, and Bailey Reichelt, a lawyer with Aegis Trade Law, stressed that companies don’t need to include an end-use statement as part of every benign contract, a practice that could scare potential customers that don’t deal in items subject to trade controls.