The State Department’s Directorate of Defense Trade Controls issued guidance March 2 on how it will implement the increased export restrictions against Russia for the poisoning of opposition leader Alexei Navalny (see 2103020067). DDTC said it will amend the International Traffic in Arms Regulations to add Russia to the list of countries subject to a policy of denial for defense exports and services. That restriction will include certain exceptions, including a case-by-case review for exports that support “government space cooperation” and a six-month exception for exports that support “commercial space launches,” which will also be subject to a case-by-case review. DDTC said other exemptions will be provided for exports to Russia “when in furtherance of government space cooperation.”
The U.S. needs to modernize its approach to export controls and expand disclosure requirements for foreign investment screening to maintain its technology dominance over China, a U.S. national security commission said in a report this week. The commission called current U.S. export controls outdated, urged the Commerce Department to more quickly control emerging and foundational technologies, and said the Committee on Foreign Investment in the U.S. should review a broader set of transactions to protect sensitive technologies.
The European Union added four Russian individuals to its sanctions list for serious human rights violations, including the arbitrary arrest of opposition leader Alexei Navalny and the crackdown on the subsequent protests, the European Council announced in a March 2 press release. The sanctioned individuals are Alexander Bastrykin, head of the Investigative Committee of the Russian Federation; Igor Krasnov, the Prosecutor-General; Viktor Zolotov, head of the National Guard; and Alexander Kalashnikov, head of the Federal Prison Service. The restrictive measures consist of a travel ban and asset freeze, and people and entities in the EU are forbidden from making funds available to the listed individuals. These sanctions mark the first use of the new EU Global Human Rights Sanctions Regime, established on Dec. 7, 2020, that permits the EU to use sanctions for human-rights related purposes including genocide, slavery, arbitrary arrests, extrajudicial killings and other violations.
The U.S. sanctioned a host of Russian officials and agencies, will add 14 entities to the Entity List and will increase restrictions on exports of military-related goods to Russia in response to the poisoning and imprisonment of Russian opposition leader Alexei Navalny. The increased export controls will also remove certain license exceptions for shipments to Russia and will impose stricter license review policies for certain sensitive goods, the State Department said March 2.
U.S. trade representative nominee Katherine Tai said that despite the president's prioritizing of the domestic economy, “I don't expect, if confirmed, to be put on the back burner at all.” Tai, a veteran of the House Ways and Means Committee trade staff, faced largely friendly questioning over a more-than-three-hour hearing in the Senate Finance Committee on Feb. 25.
The Biden administration plans to coordinate more closely with Congress on U.S. weapons sales than the previous administration did, including on potentially controversial exports to Saudi Arabia and other Gulf states, said Rep. Gregory Meeks, D-N.Y., chairman of the House Foreign Affairs Committee. Closer coordination on weapons sales would be a departure from some sales under the Trump administration, which was criticized by House and Senate Democrats for stonewalling congressional oversight of emergency arms transfers (see 2008110027).
The European Union Foreign Affairs Council recommended placing restrictive measures on the individuals responsible for the arrest and persecution of Russian opposition leader Alexei Navalny, European Commission High Representative Josep Borrell announced in a Feb. 22 press briefing. The sanctions, which include an asset freeze and travel ban, would mark the first use of the EU Global Human Rights Sanctions Regime that became law in December (see 2012070010). The decision to impose these sanctions will now be subject to an administrative review by the European Council where they will likely be ultimately decided and imposed within a week, Borrell said.
The Office of Foreign Assets Control updated two sanctions entries for a Russian entity and a vessel involved in the construction of the Russian gas pipeline Nord Stream 2 (see 2101190018), according to a Feb. 22 notice. The agency added identifying information for the entries and other sanctions information. OFAC didn’t comment on the update.
A Commerce Department rule designed to cut off U.S. shipments to foreign military intelligence agencies in China, Russia and beyond could create a host of due-diligence issues for exporters, industry lawyers said. Those issues could be compounded by industry uncertainty surrounding the scope of the rule, which may be unclear without BIS guidance. “We're getting an enormous number of questions,” said Giovanna Cinelli, an export control lawyer with Morgan Lewis. “I think the rule is open to interpretation, and that’s creating uncertainty.”
House lawmakers in both political parties wrote to ask the State Department to provide a briefing on the agency’s implementation of sanctions against Nord Stream 2 and further steps the U.S. can take to block work on the Russian gas pipeline (see 2101190018). The members specifically asked for an update on the State Department’s “assessment of possible sanctionable activity” by vessels working on the pipeline, which companies are complying with the 30-day wind-down period the U.S. offered on sanctionable activity, the status of talks with allies and any proposals offered to the Biden administration to persuade the U.S. to forgo the sanctions.