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US enacts NDAA 2021 with additional sanctions against Turkey, Russia, and China

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On January 1, 2021, the National Defense Authorization Act for Fiscal Year 2021 (the “NDAA 2021”) was enacted into law after the US Congress voted to override the President’s veto of the bill. The defense budget legislation authorizes $740.5 billion for national defense spending and sets policies on military compensation, procurement of equipment, operations, and training. In addition, similar to most National Defense Authorization Acts in recent years, the NDAA 2021 includes provisions regarding sanctions and export…

US – BIS adds a “Military End User List” to the EAR consisting of 102 Chinese and Russian entities

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On December 23, 2020, the US Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule amending the Export Administration Regulations (EAR) by adding a new “Military End User List” (MEU List) as supplement no. 7 to part 744 of the EAR. The final rule adds 102 entities to the MEU List, which will consist of Chinese, Russian, and Venezuelan entities that the US Government has determined are “military end users” for purposes…

Commerce amends National Security License Review Policy for items destined to China, Russia, and Venezuela

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On October 29, 2020, the Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule (the “final rule”) amending the license review policy under the Export Administration Regulations (EAR) for items controlled for national security (“NS”) reasons when destined to China, Russia, or Venezuela. The amendments add Venezuela to the list of countries to which the policy applies and modify the policy to replace the reference to military capabilities with a new, more nuanced standard…

EU designates new Russian individuals and entities under the Chemical Weapons and Libya sanctions regimes

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On 15 October, the EU imposed Designated Party controls on six individuals and one entity in Russia under the EU’s Chemical Weapons sanctions regime for their alleged involvement in the poisoning of Alexei Navalny with a nerve agent in August 2020. The EU separately designated one Russian individual under the Libya sanctions regime, for alleged breaches of the UN arms embargo against Libya. These individuals and entities are now subject to a travel ban and…

US – USTR to hold a hearing re: Russia’s implementation of its WTO commitment

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On August 13, 2020, the Office of the US Trade Representative (USTR) published in the Federal Register a document indicating that the interagency Trade Policy Staff Committee (TPSC) requests comments and will hold a public hearing [Docket Number USTR-2020-0032] to assist the USTR in the preparation of its annual report to Congress on Russia’s implementation of its obligations as a Member of the World Trade Organization (WTO). Due to COVID-19, the TPSC will foster public…

Russia considers expansion of its sanctions regime against Ukraine

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On July 28, 2020, Draft Bill No. 996800 was introduced in the State Duma of Russia proposing additional Russian countersanctions (“Draft“). The Draft proposes to introduce amendments to the Federal law No. 281-FZ dated December 30, 2006 “On special economic measures and coercive actions” that sets forth the legal framework for the Russian countersanctions regime. The Draft proposes the following principal provisions: Application of the restrictive measures to the entities controlled by the sanctioned persons. These controlled…

US Department of State updates its guidance on CAATSA Sec. 232

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On July 15, 2020, the US Department of State (State Department) updated its guidance (“Updated Guidance“) regarding the implementation of Section 232 of Title II of the Countering America’s Adversaries Through Sanctions Act (“CAATSA” see our previous blog post on CAATSA here and our previous blog post on the 2017 State Department guidance on CAATSA Section 232 here). The Updated Guidance expands the scope of CAATSA Section 232 to target certain investments or other activities related to the Nord Stream…

UK imposes first Human Rights Sanctions

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On Monday 6 July 2020, the UK introduced the first sanctions under its new Global Human Rights sanctions regime, targeting 47 individuals and 2 entities. The regulations setting out the sanctions are made under the Sanctions and Anti-Money Laundering Act 2018 (the “Sanctions Act“) and impose asset freezes and travel bans on individuals and entities responsible for or involved in serious violations of human rights. The Sanctions Act was introduced to allow the UK to…

Russia – Disputes involving sanctions against Russian persons must now be settled in the Russian state courts

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On 19 June 2020, a new Russian Law (Federal Law No. 171-FZ dated 8 June 2020, known as the “Lugovoy Law,” named after its author) enters into force, introducing a number of changes into the Russian Arbitrazh Procedural Code. Most important, Russian state commercial courts (also called “arbitrazh” courts) will now have exclusive jurisdiction over disputes directly or indirectly involving those sanctioned entities that fall within the scope of Russian legislation (“Disputes”). Disputes also include disputes between…

Russia likely to adopt new sanctions

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On May 28, 2020, the Federation Council of Russia received the Draft Bill proposing additional Russian countersanctions (“Draft“) that was approved by Russian State Duma in the second and the third readings on May 27, 2020. This Draft passed the first reading in Russian State Duma on July 24, 2019 (see our post on this here). The Draft has been amended since then and now proposes the following principal provisions: Unless otherwise set forth under the…