On October 27, 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) published a final rule in the Federal Register amending the Cuban Assets Control Regulations (CACR) to remove from the scope of generally authorized remittances any transactions involving “entities or subentities” identified on the U.S. Department of State’s Cuba Restricted
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.
CBP Issues Forced Labor Finding of Imported Stevia Product from China
On October 20, 2020, U.S. Customs and Border Protection (CBP) issued a finding determining that stevia extracts and derivatives, mined, produced, or manufactured in the People’s Republic of China (China) by the Inner Mongolia Hengzheng Group Baoanzhao Agriculture, Industry, and Trade Co., Ltd. (Baoanzhao) with the use of convict, forced or indentured labor, are being,…
In Section 301 Tariff Refund Litigation, the DOJ Files Motion for Case Management Procedures
On October 19, 2020, the Department of Justice (DOJ) filed a motion before the U.S. Court of International Trade (CIT) in the matter of HMTX Industries LLC, et al. v. United States of America, et al. asking that the CIT adopt case management procedures to administer not only this case but also the approximately 3,600…
U.S. and Brazilian Governments Update Agreement on Trade and Economic Cooperation
On October 19, 2020, the United States and Brazil agreed to an updated protocol for the 2011 Agreement on Trade and Economic Cooperation (ATEC) with three new annexes: Customs Administration and Trade Facilitation, Good Regulatory Practices, and Anticorruption. U.S. Trade Representative Robert Lighthizer said that the protocol “uses the existing ATEC to establish common standards…
President Trump Releases Report on Critical and Emerging Technologies
On October 15, 2020, the White House released a report, “National Strategy for Critical and Emerging Technologies,” outlining steps the United States will take to preserve its competitive edge in certain critical and emerging technologies. Noting in a statement the importance of U.S. dominance in the science and technology sectors, the White House…
BIS Offers Opportunity for Six-Month Extensions of Export Licenses
On October 16, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a notice announcing that exporters may request six-month validity period extensions for export licenses that are currently due to expire on or before December 31, 2020. Acting Under Secretary for Industry and Security, Cordell Hull stated, “The streamlined process will…
State Department Issues Hong Kong Autonomy Act Report
On October 14, 2020, pursuant to the Hong Kong Autonomy Act (HKAA), the State Department submitted to Congress a report identifying foreign persons “who are materially contributing to, have materially contributed to, or attempt to materially contribute to the failure of the People’s Republic of China (China) to meet its obligations under the Sino-British Joint…
WTO Arbitrator Ruling on Airbus-Boeing Dispute Allows EU to Impose $4 Billion in Tariffs Annually on U.S. Products
On October 13, 2020, a World Trade Organization (WTO) arbitrator ruled that the European Union (EU) may take countermeasures/implement retaliatory tariffs against the United States for illegal subsidies to Boeing. This ruling allows the EU to request authorization from the WTO’s Dispute Settlement Body (DSB) to take countermeasures against the United States at a level…
Trump Administration Issues Additional Iranian Sanctions, Targeting Iranian Banks and Affecting Foreign Banking Transactions
On October 8, 2020, the Departments of State and the Treasury announced sanctions on numerous Iranian financial institutions. The Department of the Treasury’s Office of Foreign Assets Control (OFAC) has sanctioned eighteen major Iranian banks. Secretary of the Treasury Steven Mnuchin stated that the sanctions “reflect our commitment to stop illicit access to U.S.…
President Trump Announces Additional Solar Cell Section 201 Safeguard Tariffs
On October 10, 2020, President Donald Trump issued a Presidential Proclamation announcing further action to safeguard domestic production of crystalline silicon photovoltaic (CSPV) cells (i.e., solar cells). In June 2018, the president implemented tariffs on imports of certain solar cells (see Update of January 23, 2018) under Section 201 of the Trade…
