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The Month in International Trade – June 2023

Client Alert | 17 min read | 07.11.23

Top Trade Developments

Crowell Welcomes

Crowell Promotions

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.

Top Trade Developments

House Democrats Introduce Legislation to Reauthorize and Update Key Trade Programs

On Thursday, June 22, House Democrats proposed a bill named the “American Worker and Trade Competitiveness Act”, which aims to reauthorize and update key trade programs aimed at enhancing U.S. trade competitiveness and supporting workers. Introduced by Earl Blumenauer (D-OR), ranking member of the Ways & Means trade subcommittee, the bill focuses on the Generalized System of Preferences (GSP), the Miscellaneous Tariff Bill (MTB) and Trade Adjustment Assistance (TAA).

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For more information, contact: John Brew, Dmitry Bergoltsev

Detained Shipments Exceeding $1.3 Billion in UFLPA’s First Year

A year following the commencement of the UFPLA (Uyghur Forced Labor Prevention Act) in June 2022, Customs and Border Protection (CBP) has apprehended nearly 4,300 shipments subject to UFLPA review or enforcement actions, with a combined value exceeding $1.3 billion. According to the agency’s data, this represents a significant increase compared to the $485 million worth of goods detained in 2021 and less than $50 million for 2020.

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For more information, contact: John Brew, Dmitry Bergoltsev

Congress Continues to Target Section 321 – Lawmakers Call for USPS Data on China-Origin Shipments

On June 28, 2023, Mike Gallagher (R-WI) , Chairman of the Select Committee on the Chinese Communist Party, and James Comer (R-KY), Chairman of the House Oversight and Accountability Committee, jointly sent a formal letter addressed to USPS Postmaster General Louis DeJoy requesting data on Chinese-origin mail and shipments entering the United States. The letter also requests all records related to de minimis shipments from 2021-2022 and the total U.S. dollar value of terminal dues and inward land rates currently assessed to the PRC.

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For more information, contact: John Brew, Dmitry Bergoltsev

Five Eyes Partners Reach Agreement on Export Control Enforcement Cooperation

On June 28, 2023, the U.S. Department of Commerce’s Bureau of Industry and Security issued a press release reporting formal cooperation amongst the Five Eyes Intelligence Oversight and Review Council (“Five Eyes”) to expand enforcement of export controls.  Five Eyes—an intelligence alliance between Australia, Canada, New Zealand, the United Kingdom, and United States—formalized its cooperation amid concerns about illicit transactions and the diversion of controlled items to Russia.  This is the first agreement of its kind since Russia’s full-scale invasion of Ukraine in February 2022.

With the agreement, Five Eyes will increase their exchange of information to identify export control evasion risks, prevent unauthorized transfers, and protect national security interests. This move expands the existing Five Eyes intelligence-sharing partnership between English-speaking nations. Assistant Secretary of Commerce for Export Enforcement Matthew S. Axelrod stated: “By formalizing our coordination, we hope to drive additional enforcement outcomes in each of the Five Eyes countries, including detentions, penalties, and public identification of diversionary actors.”

For more information, contact: Jason Prince, Laurel Saito

U.S. Department of Commerce Designates 43 Entities to Entity List

On Monday, June 12, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”)  added 43 new entities under 50 entries to its Entity List. This list includes 31 entities in China, as well as entities located in Kenya, Laos, Malaysia, Pakistan, Singapore, South Africa, Thailand, the United Arab Emirates, and the United Kingdom. The same day, BIS also removed one entity from the Entity List.

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For more information, contact: Jason Prince, Jana del-Cerro, Jeremy Iloulian, Dmitry Bergoltsev

Joint Agency Guidance to Exporters on Iran’s UAV Activities

On Friday, June 9, the U.S. Departments of Commerce, Justice, State, and the Treasury issued a joint guidance sheet on Iran’s unmanned aerial vehicles (“UAVs”) program (the “Iran UAV Guidance”). The Iran UAV Guidance highlighted (I) the threat Iran’s UAV program poses; (II) the key items that Iran relies on to expand its UAV program; (III) the expansion of U.S. export controls on Iran; (IV) U.S. sanctions imposed on Iran; (V) red flag indicators of export control evasion; and (VI) penalties for violating these laws.

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For more information, contact: Jana del-Cerro, Jeremy Iloulian, Jason Prince, Jeff Snyder

Crowell Welcomes

Daniel Gyamfi is an international trade analyst in Crowell & Moring’s International Trade Group and a resident in the firm’s Washington, D.C. office. He joined Crowell after spending two years as a Legal Administrative Assistant at another Washington law firm preparing draft OFAC and BIS license applications. Previous to that, Daniel worked as an Administrative Assistant at the International Monetary Fund. At Crowell, he provides practice support to the International Trade Group on economic sanctions matters. Daniel is responsible for "Know Your Customer" (KYC) counterparty due diligence. This includes (a) research (using internal and external databases) to identify beneficial ownership, (b) screening of all counterparties against sanctions and other denied party lists, and (c) broader transactional reviews to identify any other potential red flags related to sanctions, AML, corruption, bribery, or other financial crime risks.

Crowell Promotions

Please join the International Trade Group in congratulating our International Trade Analysts on their recent promotions.

Crowell Speaks

US Warns Banks Over Wagner Group Gold Risks
July 5, 2023 — Global Trade Review
Related Professionals: Jason Prince

“Sanctions and Export Controls: Ensuring Compliance” – Webinar (June 29, 2023). Speaker: Jason Prince.

Contacts

Insights

Client Alert | 3 min read | 12.10.24

Fast Lane to the Future: FCC Greenlights Smarter, Safer Cars

The Federal Communications Commission (FCC) has recently issued a second report and order to modernize vehicle communication technology by transitioning to Cellular-Vehicle-to-Everything (C-V2X) systems within the 5.9 GHz spectrum band. This initiative is part of a broader effort to advance Intelligent Transportation Systems (ITS) in the U.S., enhancing road safety and traffic efficiency. While we previously reported on the frustrations with the long time it took to finalize rules concerning C-V2X technology, this almost-final version of the rule has stirred excitement in the industry as companies can start to accelerate development, now that they know the rules they must comply with. ...

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