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The Month in International Trade – February 2024

Client Alert | 12 min read | 03.07.24

Crowell’s Reception at 2024 ICPA Annual Conference

Chambers and Partners Ranks Crowell’s International Trade/WTO Europe-wide Practice in 2024 Guide

Top Trade Developments

Crowell Welcomes

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’s Reception at 2024 ICPA Annual Conference

Please join us at Sally's Fish House & Bar for a reception during the 2024 ICPA Annual Conference on Monday, March 18, 2024, from 5:30 – 7:30 PT.

You can register here.

Sally's Fish House & Bar
Located within Manchester Grand Hyatt
1 Market Place
San Diego, CA 92101

We look forward to seeing you at the conference in San Diego and hope you will be our guest for drinks and hors d'oeuvres. 

For questions about this program, please contact Jessica Bernanke.

Chambers and Partners Ranks Crowell’s International Trade/WTO Europe-wide Practice in 2024 Guide

Crowell & Moring’s International Trade practice is ranked in Chambers and Partners, Global Europe-wide International Trade/WTO rankings, Band 4. Chambers recognizes Crowell’s “notable practice advising clients on EU and US customs and trade members” and highlights our wide-ranging services.

Partner Vassilis Akritidis was again ranked in Band 3, acknowledging his experience in acting “both for non-EU exports as defendants and for European industry associations as complainants on EU trade defence matters.”

A hearty congratulations to our European colleagues on this notable achievement.

Please find the referenced Chambers profile here. For more information on both the Trade group and Crowell’s practices and lawyers rankings at large, please view the firm-wide post here.

For more information, contact: Jessica Bernanke, Liam Householder

Top Trade Developments

PRC Firm Files to Contest WRO Against Silica Products in Court of International Trade

Last month, Hoshine Silicon Industry Co. (“Hoshine”) filed a complaint at the Court of International Trade contesting a withhold release order (“WRO”) issued against it by U.S. Customs and Border Protection (“CBP”).

Click here to continue reading the full version of this article.

For more information, contact: Weronika Bukowski, Pierfilippo Natta, Andrew Schlegel

White House Issues Executive Order to Limit the Transfer of Certain Sensitive U.S. Data to Countries of Concern

On Wednesday, February 28th, 2024, President Biden issued an Executive Order on Preventing Access to Americans’ Bulk Sensitive Personal Data and United States Government-Related Data by Countries of Concern (the “EO”). 

The purpose of the EO is to restrict the mass transfer of certain types of Americans’ personal data to, and to curb access to United States Government-related data by, “Countries of Concern.”  

The E.O. is based under the President’s authority under the International Emergency Economic Powers Act, the same authority used to impose sanctions on certain countries, such as Iran, Russia, and North Korea.

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For more information, contact: Anand Sithian, Neda Shaheen, Emily Devereaux

OFAC Issues Russia-related General License 83A

On February 20, 2024, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) issued Russia-related General License (GL) 83A, “Authorizing Certain Transactions Related to Imports of Certain Categories of Fish, Seafood, and Preparations Thereof Prohibited by Executive Order 14068.”

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For more information, contact: Jason Prince, Anand Sithian, Neda Shaheen, Aryn Gruneisen

BIS Amends Licensing Requirements of Certain Cameras and Camera Systems

The U.S. Department of Commerce, Bureau of Industry and Security (BIS), published a final rule on February 23, 2024, amending the Export Administration Regulations (EAR) by revising license requirements for certain cameras, systems, and related components to eliminate license requirements for certain cameras to Country Group A:1.

In addition to these changes, BIS is adding controls on certain high-speed cameras that are not already controlled by either export control classification number (ECCN) 6A003 or 6A203. These new controls are detailed under new ECCN 6A293, which is a classification for temporary controls for which BIS is seeking multilateral agreement. This rule will be effective March 8, 2024.

For more information, contact: Jana del-Cerro, Edward Goetz

BIS/OFAC Announce New Sanctions and Entity List Designations on Two-Year Anniversary of Russia’s Invasion of Ukraine

Feb. 23, 2024–Following the death of opposition politician and anti-corruption activist Aleksey Navalny, and after two years of Russia’s unprovoked and unlawful full-scale invasion of Ukraine, the Commerce Department’s Bureau of Industry and Security (BIS) imposed additional export restrictions on 93 entities under 95 entries in Russia and seven other destinations. Sixty-three of the entities are based in Russia, eight in the People’s Republic of China, sixteen in Turkiye, four in the United Arab Emirates (UAE), two in the Kyrgyz Republic, and one each in India and South Korea. More than 50 of the entities added to the list today will also receive a “footnote 3” designation as Russian-Belarusian military end users. A footnote 3 designation subjects these entities to some of the most severe restrictions under the Export Administration Regulations (EAR) by expanding U.S. jurisdiction to reach a greater scope of non-U.S. made item if ultimately destined to these entities.

Additionally, the Department of Treasury’s Office of Foreign Assets Control (OFAC) has announced that it is also sanctioning almost 300 individuals and entities relating to Russia’s invasion of Ukraine and the death of Aleksey Navalny. Treasury is designating targets including National Payment Card System Joint Stock Company, a major cog in Russia’s financial infrastructure and the state-owned operator of Russia’s Mir National Payment System; more than two dozen third-country sanctions evaders in Europe, East Asia, Central Asia, and the Middle East; and hundreds of entities in Russia’s military-industrial base and other key sectors.  In all, OFAC today targeted 26 third-country entities and individuals in 11 countries, including the People’s Republic of China, Serbia, the United Arab Emirates, and Liechtenstein. You can find the full BIS announcement of today’s actions here, while the OFAC announcement can be found here.

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

Luxury Automobiles from China Detained by CBP Over Forced Labor Violations

“Several thousands” of vehicles from German luxury brands including Porsche, Bentley, and Audi have been detained at U.S. ports following the discovery of a Chinese subcomponent violating U.S. anti-forced labor laws.

The parent company, Volkswagen Group, had sourced a key electronic component through a supplier further down the company’s supply chain and was unaware of the part’s origin from “western China” until notified by the supplier in mid-January of this year.

U.S. Customs and Border Protection prohibits the import of products that have been made with forced labor in Xinjiang and other areas in China under the Uyghur Forced Labor Prevention Act of 2021 (UFLPA).

Click here to continue reading the full version of this article.

For more information, contact: John Brew, Pierfilippo Natta, Dmitry Bergoltsev

4th ASEAN Digital Ministers’ Meeting: Enhancing Digital Trade and Growth in Southeast Asia

C&M International’s Asia-based digital policy team joined an industry delegation last month at a key gathering to discuss Southeast Asia’s future digital economy. Singapore hosted the 4th ASEAN Digital Ministers’ Meeting (ADGMIN) from 30 January to 02 February, 2024 under the theme “Building an Inclusive and Trusted Digital Ecosystem”. Josephine Teo, Singapore’s Minister for Communications and Information, chaired the meeting alongside her counterpart from Thailand, Prasert Jantararuangtong, Minister of Digital Economy and Society as the Vice Chair. 

Click here to continue reading the full version of this alert.

For more information, contact: Clark Jennings, Kate Growley

Crowell Welcomes

Pierfilippo (Pier) M. Natta is an associate in Crowell & Moring’s International Trade Group and a resident in the firm’s Orange County and New York offices. He is well known within the industry for his work on anti-forced labor and business and human rights program implementation, and has authored numerous academic and media reports on these topics. His past work experience includes assisting on international human rights issues in Myanmar. He joins Crowell after working as an International Trade Manager at a large consulting firm. At Crowell, Pier will advise clients on complex cross-border regulatory matters, including human rights, economic sanctions, export controls, trade investigations, customs/import matters, and legal issues concerning national security.

Crowell Speaks

“The Fourth Line of Defense: Whistleblowers and the New Cost of Non-Compliance” – 2024 Association of Certified Anti-Money Laundering Specialists (ACAMS) Assembly Hollywood Conference (April 8, 2024). Panelist: Anand Sithian

“Managing FTA’s” – ICPA Annual Conference San Diego (March 18, 2024). Speaker: John Brew

President Biden Issues Executive Order on Sensitive Personal Data
March 1, 2024 – Foreign Investment Watch
Related Professionals: Caroline Brown

“Multi-Jurisdictional Compliance in Practice: A Real-Life Review of ‘Hits and Misses’ and Their Deeper Lessons” – ACI’s Forum on Advanced Global Export Controls (February 28, 2024). Panelist: Jana del-Cerro

“Global Business Considerations” - The National Bar Association Commercial Law Section’s 37th Annual Corporate Counsel (February 15, 2024). Speaker: Simeon Yerokun

FinCEN To Propose Applying BSA Requirements to Investment Advisers
February 13, 2024 – Compliance Week
Related Professional: Anand Sithian

“High priority goods, military, dual-use goods identification for trade operations teams: Recommendations and review” – Export Controls and Military, Dual-Use Goods – Seminar for Financial Institutions (February 13, 2024). Speakers: Dj Wolff and Jana del-Cerro

“Proactive: Strategies to Anticipate and Reduce Risk” - PLI's Investing, Trading, and Doing Deals in a Dynamic World 2024: Sticks and Carrots; Risks and Opportunities (February 8, 2024). Panelist: Jason Prince

“International Trade Sanctions: Russian, American and European perspectives” - Global Legal Customs Association (GLCA) Conference 2024 (February 8, 2024). Panelist: David Stepp

“Watching Out for Riptides: Supply Chain Red Flags” - North Carolina Bar Association: Red Flags: Navigating the Hurricane (2024 Corporate Counsel Section CLE) (February 2, 2024). Panelists: Caroline Brown, David Stepp, and Jeremy Iloulian

“Trade Controls” - IPBA Los Angeles Conference - Doing Business with Asia: IP, Trade, and Investigations (February 1, 2024). Speakers: Evan Chuck and Jana del-Cerro

Contacts

Insights

Client Alert | 3 min read | 04.26.24

CFIUS Proposes Enhanced Enforcement and Mitigation Rules and Steeper Penalties for Non-Compliance

On April 11, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) announced proposed amendments to its enforcement and mitigation regulations, marking the first substantive update to CFIUS’s mitigation and enforcement provisions since the enactment of the Foreign Investment Risk Review Modernization Act of 2018.  The Committee issued a notice of proposed rulemaking ("NPRM”) that would modify the regulations that apply to certain investments and acquisitions, as well as real estate transactions, by foreign persons as follows:...

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