On Tuesday, the U.S., UK, Australia, Canada, and New Zealand—known as the “Export Enforcement Five” or “E5”—issued joint guidance to industry and academia on how best to identify Russian export control evasion tactics. The E5 coordinates with other members of the Global Export Control Coalition (GECC) on export controls specific to Russia. In addition to
BIS further strengthens antiboycott enforcement efforts
In October, the Bureau of Industry and Security (BIS) strengthened its antiboycott enforcement strategy. Last week, BIS made two additional enhancements to its enforcement strategy:
- New Boycott Request Reporting Form. U.S. persons who receive boycott requests will now be required to identify the requesting party in addition to the country from which the
New Tri-Seal Compliance Note highlights voluntary self-disclosure procedures and benefits
The U.S. Department of Justice (DOJ), Bureau of Industry and Security (BIS), and Office of Foreign Assets Control (OFAC) published their second Tri-Seal Compliance Note on July 26 summarizing their voluntary self-disclosure procedures for export control and sanctions violations. The Note highlights the potential benefits of self-disclosure, including significant mitigation of civil and criminal liability.
U.S. targets Russian sanctions evasion and expands export controls
In coordination with the G7 and other international partners, the U.S. implemented new Russia-related sanctions and export controls on May 19, 2023. The U.S. also released an additional select list of potential export control evasion “red flags.”
Restrictive economic measures
The Office of Foreign Assets Control (OFAC):
- Sanctioned 22 individuals and 104 entities in more
Employers warned not to discriminate while complying with U.S. export control laws
The Civil Rights Division of the Department of Justice has issued guidance clarifying that when a position requires access to export-controlled information or items, that requirement is not a basis for making an employment decision based on citizenship, immigration status, or national origin.
In our recent alert on reedsmith.com, we examine U.S. export control
Incentivizing voluntary disclosures and whistleblowing: the latest from BIS
The Bureau of Industry and Security (BIS) has clarified two enforcement policies in an attempt to incentivize voluntary self-disclosures and disclosures about others’ possible violations of the Export Administration Regulations (EAR).
In our recent post, we consider the implications of this latest development.
Is the implementation of a domestic CBAM on the horizon for the UK?
The UK government has opened an exploratory consultation to consider a range of possible policy measures to mitigate carbon leakage and to ensure the correct policy infrastructure is in place to decarbonize.
In a recent post, our team examines the potential measures, like a domestic carbon border adjustment mechanism (CBAM), that the UK government
The Court of International Trade upholds Section 301 tariffs on Chinese-origin goods
The Court of International Trade continues to focus in on issues relating to Chinese-origin goods and on March 17 upheld the Section 301 tariffs on Chinese-origin goods identified on List 3 and List 4A. This decision comes despite the plaintiffs in In re Section 301 Cases arguing that the U.S. Trade Representative (USTR) violated the
New guidance on detecting sanctions evasion released by U.S. government
A Tri-Seal Compliance Note (“Note”) has been released by the Department of Commerce, Department of Treasury, and Department of Justice to assist businesses in identifying warning signs and implementing appropriate compliance measures to ensure cooperation with Russian-related sanctions and export controls. One of the most common sanction evasion tactics highlighted in the Note is the
U.S. Disruptive Technology Strike Force – how can companies prevent and respond to potential diversion?
The Department of Justice (DOJ) and the Department of Commerce announced the creation of a joint Disruptive Technology Strike Force on February 16, 2023. The strike force will be co-led by the assistant attorney general for the DOJ’s National Security Division and the assistant secretary for export enforcement at the Bureau of Industry and Security.