On October 6, 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published two final rules in the Federal Register, “Controls on Exports and Reexports of Water Cannon Systems” (“Water Cannon Controls”) and “Amendment to Licensing Policy for Items Controlled for Crime Control Reasons,” (“Licensing Policy Amendment”)
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.
U.S. International Trade Commission Initiates Section 201 Safeguard Investigation into Imports of Fresh, Chilled or Frozen Blueberries
In accordance with a formal request from the Office of the U.S. Trade Representative (see Update of October 5, 2020), the U.S. International Trade Commission (USITC) has initiated a Section 201 global safeguard investigation “to determine whether fresh, chilled or frozen blueberries are being imported into the United States in such increased quantities…
OFAC Again Issues License Delaying PdVSA 2020 8.5% Bond-Related Authorizations
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced that it has issued General License (GL) 5E (Authorizing Certain Transactions Related to the Petróleos de Venezuela, S.A. 2020 8.5 Percent Bond on or After January 19, 2021), which continues to delay U.S. persons’ ability to enforce bondholder rights to the CITGO…
USTR Initiates Two Section 301 Investigations Involving Vietnamese Wood Products Using Illegal Timber and Currency Valuation
On October 2, 2020, the Office of the U.S. Trade Representative (USTR) announced that it was initiating two Section 301 investigations regarding certain trade practices by the Socialist Republic of Vietnam (Vietnam) related to its import and use of timber illegally harvested or traded and the country’s policies that may contribute to the undervaluation of…
Commerce Issues New Export Controls on Emerging and Developing Technologies
On October 5, 2020, the Department of the Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice in which it finalized export controls on six recently developed or developing technologies that are essential to the national security of the United States. The changes were made in accordance with the United States and…
USTR Requests Initiation of ITC Section 201 Global Safeguard Investigation into Blueberry Imports
On September 29, 2020, the Office of the U.S. Trade Representative (USTR) requested that the U.S. International Trade Commission (ITC) initiate a Section 201 global safeguard investigation into “the extent to which increased imports of blueberries have caused serious injury or threat thereof to domestic blueberry growers.” This is one of numerous proposed actions announced…
Federal Court Partially Blocks Department of Commerce’s TikTok Ban
On October 2, 2020, the U.S. Department of Commerce published a notice in the Federal Register informing the public that on September 27, 2020, the U.S. District Court of the District of Columbia granted a nationwide preliminary injunction against implementation of President Donald Trump’s August 6, 2020 Executive Order against TikTok declaring it a national…
Treasury Department Issues Ransomware Advisories, Notes Facilitating Ransomware Payments May Violate the Law
On October 1, 2020, the Department of the Treasury issued two related advisories to assist U.S. companies in efforts to combat ransomware scams and attacks. In addition to offering guidance, the advisories note that anti-money laundering and economic sanctions regulations implemented and enforced by Treasury’s Office of Terrorism and Financial Intelligence may be triggered by…
OFAC Issues International Criminal Court-Related Sanctions Regulations; Lawsuit Seeks to Declare Executive Order and Regulations Unconstitutional
In a series of actions this week, the Department of the Treasury moved to implement regulations to enforce sanctions related to actions of the International Criminal Court (ICC). Almost immediately, however, President Trump’s executive order and the regulations were challenged in court.
ICC-Related Executive Order and Regulations
On June 11, 2020, President Trump issued Executive…
Commerce Reopens Comment Period for Section 232 National Security Investigation into Vanadium Imports
On September 25, 2020, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a Federal Register notice reopening the public comment period for its Section 232 national security investigation of imports of vanadium. BIS initially opened the investigation into vanadium imports on June 2, 2020 (see Update of June 3, 2020) as…
