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The Month in International Trade – December 2023

Client Alert | 9 min read | 01.09.24

Crowell Partner Nicole Succar Named to ACSS NY Chapter Board

Crowell Partner Jana del-Cerro To Speak at January 16 NYU Law Event Featuring Assistant Secretary for Export Enforcement Matthew Axelrod and Director of the Office of Export Enforcement John Sonderman

Top Trade Developments

Crowell Speaks

This news bulletin is provided by the International Trade Group of Crowell & Moring. If you have questions or need assistance on trade law matters, please contact Jana del-Cerro, Anand Sithian, or Simeon Yerokun or any member of the International Trade Group.

Crowell Partner Nicole Succar Named to ACSS NY Chapter Board

We are pleased to share that our partner Nicole Succar has been named to the Board of the Association of Certified Sanctions Specialists (ACSS), New York Chapter. This recognition from the sanctions community highlights Nicole’s knowledge and experience with economic sanctions and anti-money laundering legal and risk management, and compliance advisory and investigations counseling services. Nicole’s positions before Crowell include senior sanctions management roles with a top global bank and time as an Office of Foreign Assets Control (OFAC) Officer.  For additional information about Nicole’s appointment, please see ACSS’s announcement.

Crowell Partner Jana del-Cerro To Speak at January 16 NYU Law Event Featuring Assistant Secretary for Export Enforcement Matthew Axelrod and Director of the Office of Export Enforcement John Sonderman

Following Assistant Secretary Axelrod’s remarks and fireside chat on corporate voluntary self-disclosure policies for export control violations, Crowell partner Jana del-Cerro will participate on a moderated panel discussion featuring experts in export control enforcement in both the private sector and government. This event is scheduled for January 16th, 2024.  A/S Axelrod is expected to announce enhancements to corporate voluntary self-disclosure policies for export control violations.

This event will take place from 6:00 to 8:45 PM in Lipton Hall at 108 W 3rd Street, Lower Level, New York NY 10012. Check-in for the event will start at 5:30 PM.

Pre-registration is required to attend.  Please RSVP here. (If you are prompted for a password, use BIS2024).

Top Trade Developments

BIS Publishes FAQs on Export Controls of Semiconductors and Advanced Computing Items

On December 29, 2023, the U.S. Department of Commerce, Bureau of Industry and Security (BIS) published a series of Frequently Asked Questions (FAQs) addressing comments received on the October 13, 2022 interim final rules that amended, and in some cases expanded, U.S. export restrictions on semiconductor manufacturing items and advanced computing items and end uses.  The FAQs cover topics such as requirements to notify BIS under the Notified Advanced Computing (NAC) license exception, the definition of U.S. persons under the rule, and parameters for measuring die area.

For more information, contact: Jana del-Cerro, Kelsey Clinton

USTR Extends Section 301 Tariff Exclusions, Set to Open Up Public Docket for Comment

As the four-year review of Section 301 duties continues, the Office of the U.S. Trade Representative (USTR) stated last week that the Biden administration will be extending tariff exclusions through May 31, 2024. These exclusions, listed in the USTR’s index, were set to expire on December 31, 2023, but the administration chose to extend the deadline, allowing the agency to thoroughly complete the “orderly sunsetting” of these exclusions. The agency outlined in its December 26, 2023 statement that a docket will be opening on January 22, 2024, to allow for public comments on whether to extend existing exclusions past May 2024. The commenting period is set to close on February 21, 2024 at 11:59 p.m. ET.

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For more information, contact: John Brew, Emily Devereaux, Tori Auerhan

Cassidy, Whitehouse Propose Customs Modernization Act to Enhance CBP Authority, Strengthen Enforcement

On December 8, Senate Finance Committee members Bill Cassidy (R-LA) and Sheldon Whitehouse (D-RI) introduced the “Customs Modernization Act of 2023.” The act, which would amend the Tariff Act of 1930 “to strengthen the authorities of U.S. Customs and Border Protection (“CBP”) to enforce the customs and trade laws of the United States,” enhances CBP’s mandate, increases the costs of disclosure and compliance on the part of importers, and expands legal uses of trade data beyond cargo safety and security in a shift toward removing “roadblocks for the clearance process, enforcement actions, and even national security determinations,” among other purposes. The act also expands liability for violations of reporting requirements, clarifies procedures for a variety of reports and challenges, and expands the operating scope of CBP information-gathering and investigation activities.

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For more information, contact: Weronika Bukowski, Maria Vanikiotis, Andrew Schlegel

BIS Expands Export Administration Regulations, Adds 13 Entities to Unverified List

On December 19, the Bureau of Industry and Security (“BIS”) added 13 new entities to its Unverified List (“UVL”). All 13 of these entities were added under the destination of the Peoples’ Republic of China (“PRC”) on the basis that BIS was unable to verify their bona fides.

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For more information, contact: Jana del-Cerro, Jackie Schaeffer, Andrew Schlegel

Treasury’s OFAC Announces Magnitsky Designations for Two Former Afghan Government Officials

On December 11, the U.S. Department of Treasury (“Treasury”)’s Office of Foreign Assets Control (“OFAC”) announced sanctions against two former Afghan government officials, Mir Rahman Rahmani and his son, Ajmal Rahmani (collectively, “the Rahmanis”), as well as 44 associated entities. These individuals and entities were designated pursuant to Executive Order 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act (“Global Magnitsky Act”), for their involvement in transnational corruption. The announcement is a strong signal of OFAC’s continued commitment to pursuing action against individuals engaging in corruption and human rights abuses.

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For more information, contact: Jeff Snyder, Sophie Davis, Jackie Schaeffer, Andrew Schlegel

DHS Adds Three Chinese Entities to UFLPA Entity List

On December 8, the Department of Homeland Security (“DHS”) announced the addition of three People’s Republic of China (“PRC”)-based companies to the Uyghur Forced Labor Prevention Act (“UFLPA”) Entity List as part of the ongoing effort to eliminate forced labor practices in U.S. supply chains. The addition of these three entities—COFCO Sugar Holding Co. Ltd, Sichuan Jingweida Technology Group Co., Ltd., and Anhui Xinya New Materials Co., Ltd.—comes after a vote by the interagency Forced Labor Enforcement Task Force (“FLETF”) in accordance with its mandate to maintain a list of entities operating in or associated with the Xinjiang Uyghur Autonomous Region (“XUAR”), which utilize forced labor of persecuted ethnic minority groups in the region. As only one of the three companies added to the list is based in Xinjiang, these additions signal greater vigilance on the part of DHS and FLETF regarding practices of labor transfer, or the “[recruitment], transport, transfer, harbor or [receipt] of forced labor” from the XUAR to other Chinese provinces. The prohibition of imports into the U.S. from these entities enters into force on December 11.

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For more information, contact: Jeff Snyder, Laurel Saito, Andrew Schlegel

Crowell Speaks

“GATS and JSI Structure: Services and E-Commerce” – WITA Academy’s Virtual Intensive Trade Seminar on the World Trade Organization (January 16, 2023). Speaker: Robert Holleyman.

International Trade Cases To Watch In 2024
January 1, 2024 – Law360
Related Professionals: John Brew

Emerging Trends in Sanctions and Export Enforcement: Takeaways for Responding to Enforcement Actions, and Informal Regulator Outreach – ACI/C5 New York Forum on Economic Sanctions (December 14, 2023). Moderator: Jason Prince.

“Solving the Protection Gap Issue and Delivering Better Health Outcomes Across ASEAN: Achievable Goal or Pipe Dream?” - 5thASEAN Insurance Summit 2023 (December 5, 2023). Speaker: Sejal Mistry. 

Contacts

Insights

Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....

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