On February 24, 2022, in response to Russia’s invasion of Ukraine, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) issued a final rule, “Implementation of Sanctions Against Russia Under the Export Administration Regulations (EAR),” adding new Russia export license requirements and making licensing policies more stringent. The final rule is effective
Scott E. Diamond**
Scott is a senior policy advisor with more than 25 years' experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.
**Not licensed to practice law.
President Biden Sanctions Nord Stream 2 AG as a Result of Russia’s Invasion of Ukraine
On February 23, 2022, President Joseph Biden released a statement announcing that the United States was imposing sanctions on Nord Stream 2 AG and its corporate officers. Effectively immediately, Nord Stream 2 AG has been designated and placed on the Department of Treasury’s Office of Foreign Assets Control (OFAC) Specially Designated Nationals (SDN) List.
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OFAC Implements Additional Sanctions on Russian Financial Sector and Individuals
On February 22, 2022, the Office of Foreign Assets Control (OFAC) expanded sanctions against Russia through blocking sanctions against two major Russian state-owned financial institutions, additional restrictions on Russian sovereign debt, sanctions on five Putin/Kremlin-connected elites, and the designation of several vessels. This follows the issuance of comprehensive sanctions on the territory recognized by Russia…
President Biden Imposes Sanctions Regarding Russia’s Efforts to Undermine Ukraine
On February 21, 2022, in response to Russia’s recognition of the so-called Donetsk People’s Republic (DNR) and Luhansk People’s Republic (LNR) regions of Ukraine as “independent states,” President Biden issued Executive Order (EO) 14065 prohibiting certain transactions with respect to the DNR or LNR or such other regions of Ukraine (collectively, “Covered Regions”) as may…
USTR Again Criticizes China’s WTO Compliance
On February 15, 2022, the Office of the U.S. Trade Representative (USTR) released its annual 2021 Report To Congress on China’s WTO Compliance. Upon the release of the report, USTR Katherine Tai said: “China has not moved to embrace the market-oriented principles on which the WTO and its rules are based … [but] has…
DDTC Releases Updated “Guidelines for Preparing Agreements”
On February 14, 2022, the Department of State’s Directorate of Defense Trade Controls (DDTC) released Revision 5.0 of its Guidelines for Preparing Agreements. Under the International Traffic in Arms Regulations (ITAR), an “agreement” approved by the Office of Defense Trade Controls Licensing (DTCL) is required for the provision of a defense service, transfer of manufacturing…
OFAC Issues Chinese Military-Industrial Complex Sanctions Regulations
On February 16, 2022, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) published in the Federal Register a final rule adding formal regulations to implement previously announced sanctions regarding Chinese Military-Industrial Complex companies. These formal regulations are the result of a November 12, 2020, Executive Order (EO) 13959 issued by former President…
White House Releases Updated Critical and Emerging Technologies List
The Executive Office of the President, via the National Science and Technology Council, has released an updated list of advanced technologies that are potentially significant to U.S. national security. This list updates and revises the initial critical technologies list identified in the October 2020 report, “National Strategy for Critical and Emerging Technologies.” See Update of…
OFAC Removes Burundi Sanctions Regulations
Effective February 11, 2022, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) will remove the from the Code of Federal Regulations (C.F.R.) the Burundi Sanctions Regulations at 31 C.F.R. Chapter 31, Part 554. This removal results from an earlier action by President Joseph Biden in issuing Executive Order 14054 which terminated the…
BIS Seeks Comments on Section 232 Steel and Aluminum Product Exclusion Process
On February 10, 2022, the Department of Commerce’s Bureau of Industry and Security (BIS) published in the Federal Register a Request for Public Comments seeking comments on the Section 232 product exclusion process, including the responsiveness of the process to market demand and enhanced consultation with U.S. firms and labor organizations. The request for comments…
