Joseph Drevlow

📣 BIS Publishes Updated "Don’t Let This Happen to You!" Guide on Export Control Violations On November 12, 2024, the Bureau of Industry and Security (BIS) released an updated edition of "Don’t Let This Happen to You!"—a compendium highlighting criminal and administrative enforcement cases. 🆕 The new edition includes cases such as the first Disruptive Technology Strike Force administrative penalty, a criminal case involving a Russian procurement network, smuggled export-controlled items used in an assassination plot, an administrative violation by a semiconductor company, and antiboycott regulation violations. ✅ BIS urges exporters to review the publication for insights into conduct leading to violations and to report suspected violations through the BIS Office of Export Enforcement. Original source 👉: https://lnkd.in/e9vu3EMZ #USexportcontrols #exportcontrols #exportcontrolsupdate BIS #ExportEnforcement #Antiboycott #RegulatoryCompliance

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OFAC is publishing a new Frequently Asked Question (FAQ) 1173 and amending 26 ITSR-related FAQs. https://lnkd.in/e9qnw8TC #UKSanctions #Russia #EUCommission #ExportControl #TradeWar #TSECS #SanctionsUpdate #TurkishSociety #Sanctions #USA #OFAC #BIS #TradeUpdates #GlobalTrade #TradeCompliance #InternationalRelations #EconomicSanctions #TradeRegulations #TurkishExports #TradePolicy #SecurityMatters #ForeignPolicy #ComplianceNews #EconomicSecurity #CrossBorderBusiness

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In addition to OFAC and the Dept. of State designating over 300 new individuals and entities for their Russia-related activities, for purposes of E.O. 14024 (as amended by E.O. 14114 with "secondary sanctions" risk for foreign financial institutions), OFAC has updated its definition of "Russia's military-industrial base" to include all persons blocked under E.O. 14024. Moving forward, foreign financial institutions (FFIs) that conduct or facilitate any significant transaction or provide any service involving any person blocked under that order risk being sanctioned by OFAC, unless they are solely facilitating permissible transactions. This is in addition to the existing definition of "Russia’s military-industrial base" that included: (i) any person operating in the technology, defense and related materiel, construction, aerospace, and manufacturing sectors of the Russian Federation economy; and (ii) potentially persons that support the sale, supply, or transfer, directly or indirectly, to the Russian Federation of certain specified critical items . Interestingly, the updated definition was done through the issuance of new OFAC Frequently Asked Questions ("FAQs" 1151 and 1181), and not through any Executive orders, determinations, or regulations (at least not yet). However, OFAC has also published a related Sanctions Advisory: Updated Guidance for Foreign Financial Institutions on OFAC Sanctions Authorities Targeting Support to Russia's Military-Industrial Base. OFAC, in coordination with BIS, has issued a new determination under E.O. 14071, which prohibits effective Sept. 12, 2024, the supply to any person in Russia of: (i) IT consultancy and design services; and (ii) IT support services and cloud-based services for enterprise management software and design and manufacturing software. #ofac #russiasanctions #sanctions #sanctionscompliance

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OFAC has published 3 new Russia-related FAQs. FAQ 1193: Provides that a US company with a subsidiary in Russia can provide employees or contractors of the subsidiary who are in Russia with otherwise prohibited IT and Software Services. However, the services must be within the employees’/contractors scope of employment with the US subsidiary. FAQ 1194: Provides that where a US company has a subsidiary in a 3rd country (not Russia), it cannot provide prohibited IT and Software Services to a person who is located in Russia but an employee/contractor of the subsidiary. OFAC may issue specific licences for this, considered on a case-by-case basis. FAQ 1195: Provides that a US company cannot provide prohibited IT and Software Services to an employee or contractor who is in Russia where they are working directly for the company. Again, specific licences may be applied for. #UKSanctions #Russia #EUCommission #ExportControl #TradeWar #TSECS #SanctionsUpdate #TurkishSociety #Sanctions #USA #OFAC #BIS #TradeUpdates #GlobalTrade #TradeCompliance #InternationalRelations #EconomicSanctions #TradeRegulations #TurkishExports #TradePolicy #SecurityMatters #ForeignPolicy #ComplianceNews #EconomicSecurity #CrossBorderBusiness

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The weekly update includes updates from CBP, BIS, the Administration, Congress, and trade partner agencies such as USDA, CPSC, the FDA, and more. Sign up to receive updates straight to your inbox here https://bit.ly/498coFh #tradenews #trade #tradelaw #tradelawyer #lawyer #diazlaw #yourcustomsexpert

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On July 10, 2024, antidumping and countervailing duty petitions were filed with the U.S. Department of Commerce (“DOC”) and U.S. International Trade Commission (“ITC”) concerning imports of Certain Tungsten Shot from China. AD petitions concern unfair pricing practices (i.e., “dumping”), generally defined as selling imported goods in the U.S. market below their home market prices or the cost of production. CVD petitions concern competitive distortions caused by unfair government subsidies. If AD/CVD investigations are initiated by the DOC, they can lead to year-long investigations and the potential for additional duty liability for the imports concerned. This client alert was written by partners, Daniel Porter, Matthew McCullough, James Durling and counsel Antonio Riva Palacio Lavin. For more information, please see the link below. https://lnkd.in/eeFx6_pS

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The Office of the U.S. Trade Representative (USTR) has delayed the Aug. 1 start for the Section 301 China tariff modifications. 📝 On May 28, USTR proposed certain modifications of the actions in the Section 301 investigation of China’s Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation. According to USTR, the agency is still reviewing the more than 1,100 comments received during the open comment period. USTR has indicated that it will make a final announcement in August and provide approximately two weeks before the tariffs will take effect. 📅 #InternationalTrade #Tariffs #Section301

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📣 Commerce / BIS Updates Export Controls on Russia and Belarus On June 18, 2024, the Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) to impose stricter export controls on Russia and Belarus. 🔄 Changes include expanding sanctions on specific industries, requiring licenses for certain software exports to these countries, and narrowing exemptions for consumer communication devices. The rule consolidates Russian and Belarusian sanctions into a single section, adds entities to the Entity List, and clarifies control criteria for fasteners. ✅ These measures aim to enhance national security by restricting exports that could benefit Russia and Belarus contrary to U.S. interests. Original source 👉: https://lnkd.in/g4XqDve7 #USexportcontrols #exportcontrols #exportcontrolsupdate #Russia #Belarus #BIS #EAR #Compliance #EconomicRegulations

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OFAC has designated Algoney Hamdan Daglo Musa over his efforts to procure weapons to continue the war in Sudan. Algoney is procurement director for the Rapid Support Forces (RSF), one of the warring parties in Sudan. He is said to have controlled RSF-front companies which imported vehicles for the RSF. Algoney is also the brother of Mohammed Hamdan Daglo, RSF’s leader. #Sanctions #Russia #EUCommission #ExportControl #TradeWar #TSECS #SanctionsUpdate #TurkishSociety #Sanctions #USA #OFAC #BIS #TradeUpdates #GlobalTrade #TradeCompliance #InternationalRelations #EconomicSanctions #TradeRegulations #TurkishExports #TradePolicy #SecurityMatters #ForeignPolicy #ComplianceNews #EconomicSecurity #CrossBorderBusiness

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OFAC has designated 12 entities and 10 individuals pursuant to Executive Order (E.O.) 14038. This action builds on U.S. sanctions imposed in response to Belarus’s fraudulent August 2020 election, as well as President Alyaksandr Lukashenka’s (Lukashenka) support for Russia’s illegal full-scale invasion of Ukraine. Today’s action sustains U.S. financial pressure on the Lukashenka regime for its continuing support for Russia’s war against Ukraine and the financial benefit it derives from this activity. The individuals and entities OFAC is targeting today include six revenue-generating state-owned enterprises (SOEs) and one entity and five individuals involved in facilitating transactions for a U.S.-designated major Belarusian defense sector enterprise. OFAC is additionally targeting five entities and five individuals involved in a global arms network doing business with a U.S.-designated Belarusian defense firm. #ExportControl #TradeWar #TSECS #SanctionsUpdate #TurkishSociety #Sanctions #USA #OFAC #BIS #TradeUpdates #GlobalTrade #TradeCompliance #InternationalRelations #EconomicSanctions #TradeRegulations #TurkishExports #TradePolicy #SecurityMatters #ForeignPolicy #ComplianceNews #EconomicSecurity #CrossBorderBusiness

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📣 Commerce / BIS Issues 11 Export Control Orders to Restrict Privileges of Convicted Individuals On September 24, 2024, the U.S. Bureau of Industry and Security (BIS) issued 11 export control orders, revoking export privileges of individuals convicted under U.S. Code sections 18 § 371 and 18 § 554. 📜 Those affected include Mark Fitting and Melony Erice, convicted in September 2023 for selling technical drawings; Pierre Michel Alfred and Cerbrando Acosta-Carbajal, convicted in 2022 for firearms smuggling; and Rafael Alejandro Canez, convicted in March 2023 for ammunition smuggling. 🚨 Others sanctioned include individuals convicted for trafficking firearms, conspiring to source equipment for Russia, and selling Iranian oil to China. Export bans range from 5 to 10 years. Original source 👉: https://lnkd.in/euTbaKZM #USexportcontrols #exportcontrols #exportcontrolsupdate #BIS #USRegulations #TradeCompliance #ExportPrivileges

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📣 OFAC Amends Iranian Transactions Regulations: Enhancing Internet Freedom and Compliance 📅 On May 17, 2024, the Office of Foreign Assets Control (OFAC) released a final rule amending the Iranian Transactions and Sanctions Regulations (ITSR), incorporating a previously published general license. ✅  This rule allows for the export, reexport, and provision of services, software, and hardware related to internet communications to Iran, with certain conditions. It updates existing authorizations and adds new provisions, including allowances for transactions involving hardware or software repair and replacement. 🖥️❓ OFAC aims to address concerns about computing power and restricts certain activities related to web-hosting and domain registration services in Iran. Original source 👉: https://lnkd.in/gaGY8bN8 #USsanctions #sanctionsupdate #sanctionscompliance #Iransanctions #OFAC #ITSR #InternetFreedom #RegulatoryChanges

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Incorrectly classifying goods and failing to exhibit reasonable care can lead to a world of trouble. Download our free whitepaper to learn about #classification basics that can aid #importers in the process of accepting shared responsibility for compliance with CBP: https://bit.ly/3T2LIiH

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