The State Department has drafted a proposed rule that could create a new exemption in the International Traffic in Arms Regulations for “defense trade and cooperation” with Australia and the U.K. The agency sent the rule to the Office of Information and Regulatory Affairs April 9.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The Treasury Department is preparing to issue a proposed rule that could expand the powers of the Committee on Foreign Investment in the U.S., allowing CFIUS to impose higher penalties and collect a broader array of information from parties involved in non-notified transactions. The rule also could give CFIUS broader subpoena abilities, expand the circumstances in which it may fine a company, set timelines for responses to mitigation proposals, and more.
The Bureau of Industry and Security remains months away from resolving a temporary pause in new firearm export licenses that was supposed to expire in January, the National Shooting Sports Foundation said this week.
The Bureau of Industry and Security added 11 parties to its Entity List this week for procuring items to support Iranian drone programs, China’s military modernization efforts or Russia’s military. The additions, outlined in a final rule released April 10 and effective April 11, include technology companies, logistics firms and one person based in either China, Russia or the United Arab Emirates.
The U.S., Australia and the U.K. are making “progress” on creating license-free defense trade among the three countries under the AUKUS partnership, they said in a joint statement this week. They also said they are considering involving Japan in the effort.
The Bureau of Industry and Security is drafting a rule that could ease certain export restrictions on Australia and the U.K. as the State Department works to loosen similar restrictions under the International Traffic in Arms Regulations as part of the AUKUS partnership.
Treasury Secretary Janet Yellen this week threatened sanctions against Chinese banks if they facilitate payments that aid Russia’s military and urged Beijing against placing unclear restrictions on sales from certain U.S. chip companies, saying American firms want more transparency in China.
The U.S. and the EU continued to discuss export controls, investment screening and other economic statecraft tools during the sixth meeting of the EU-U.S. Trade and Technology Council last week, saying they have made progress harmonizing export licensing decisions and plan to soon launch a new investment screening initiative. The two sides also renewed a mechanism to pinpoint and prevent global semiconductor supply chains issues and announced a new forum to coordinate on critical minerals trade.
Banks are facing rising pressure from regulators to catch red flags that may signal export control evasion, lawyers and industry officials said this week. As that pressure mounts, they said many financial institutions still struggle to understand how much and what type of due diligence is needed to catch customers that may be violating export controls.
A senior State Department official this week said an ongoing effort among the U.S., Australia and the U.K. to reduce defense trade restrictions will soon lead to an “unprecedented” level of technology sharing, adding that the three countries are open to adding more nations, including potentially Japan.