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Enforcement & Investigations

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On August 16, 2019, US Customs and Border Protection (CBP) published in the Federal Register a final rule [CBP Dec. 19-09] that amends the CBP regulations to reflect the imposition of import restrictions on certain archaeological material from the People’s Democratic Republic of Algeria (Algeria). These restrictions are being imposed pursuant to an agreement between the United States and Algeria that has been entered into under the authority of the Convention on Cultural Property Implementation…

On August 15, 2019, the Federal Register published Presidential Notice of August 14, 2019 – Continuation of the National Emergency With Respect to Export Control Regulations, which continues for another year, the national emergency declared in Executive Order 13222 of August 17, 2001 with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States related to the expiration of the Export Administration Act of 1979, as…

The UK government has introduced a new national control on the export of submersible vessels and related equipment, software and technology to Russia, which enters into force on 14 August 2019. The additional control has been introduced for reasons of national security and as a result of Russia developing its capabilities to track, access and disrupt undersea communication cables. Exporters may apply for export licences for controlled items, which will be assessed on a case-by-case…

On August 14, 2019, the US Trade Representative (USTR) published in the Federal Register a notice of public hearing and request for comments [Docket No. USTR-2019-0011] regarding Russia’s compliance with its World Trade Organization (WTO) commitments. The interagency Trade Policy Staff Committee (TPSC) invites interested persons to submit written comments and participate in a public hearing to assist the Office of the USTR in the preparation of its annual report to the Congress on Russia’s…

On August 14, 2019, the US Trade Representative (USTR) published in the Federal Register a notice of public hearing and request for comments [Docket No. USTR-2019-0010] regarding China’s compliance with its World Trade Organization (WTO) commitments. The interagency Trade Policy Staff Committee (TPSC) invites interested persons to submit written comments and participate in a public hearing to assist the Office of the USTR in the preparation of its annual report to the Congress on China’s…

On August 14, 2019, US Customs and Border Protection (CBP) published in the Federal Register a notice of proposed rulemaking [USCBP-2019-0024] to amend the CBP regulations to require customs brokers to collect certain information from importers to enable the customs brokers to verify the identity of importers, including nonresident importers. CBP proposes these amendments, pursuant to section 116 of the Trade Facilitation and Trade Enforcement Act of 2015 (TFTEA), which directs CBP to promulgate regulations…

On August 14, 2019, US Customs and Border Protection (CBP) published in the Federal Register a general notice that announces CBP’s modification to the National Customs Automation Program (NCAP) test pertaining to the processing of post-summary corrections (PSCs). The modification in this notice expands the time period in which a PSC must be filed by allowing a PSC to be transmitted up to 15 days prior to the scheduled date of liquidation when liquidation has…

On August 14, 2019, the Bureau of Industry and Security published in the Federal Register a final rule [Docket No. 190808-0011] that amends the Export Administration Regulations (EAR) by adding seventeen entities, under a total of nineteen entries, to the Entity List (Supplement No. 4 to part 744 of the EAR). These seventeen entities have been determined by the US Government to be acting contrary to the national security or foreign policy interests of the…

On August 14, 2019, the Bureau of Industry and Security published in the Federal Register a notice of inquiry [Docket No. 190215128-9128-01] seeking public comments on the impact on commercial activities of proposed additions to “Schedule 1” in the “Annex on Chemicals” to the Chemical Weapons Convention (CWC), as implemented through the Chemical Weapons Convention Implementation Act (CWCIA) and the Chemical Weapons Convention Regulations (CWCR). The purpose of this notice of inquiry is to collect…

On July 23, 2019, the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued an Iran-Related Civil Aviation Industry Advisory (the “Advisory”) that provides cautionary guidance to the civil aviation industry on compliance with US sanctions measures targeting Iran.  The Advisory articulates the following key messages: (i) both US and non-US parties in the civil aviation industry remain at risk of US enforcement actions and economic sanctions for engaging in or supporting unauthorized transfers…