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FSIA Does Not Protect Rogue State-Owned Actors - Justices

The U.S. Supreme Court has rejected Turkey's state-owned Halkbank's claim that it is protected under the 1976 Foreign Sovereign Immunities Act (FSIA), which limits the jurisdiction of American courts over lawsuits against foreign countries. The court ruled that the FSIA does not provide foreign states and their instrumentalities with immunity from criminal proceedings, according to conservative Justice Brett Kavanaugh.

AUKUS Prompts Research Security Concerns, ITAR Changes

As tensions between the United States and China escalate, the AUKUS alliance – consisting of Australia, the United Kingdom, and the United States – has prompted research security concerns and changes to the International Traffic in Arms Regulations (ITAR). These changes are designed to facilitate the AUKUS plan, announced in 2021, which aims to provide Australia with the technology and capability to deploy nuclear-powered submarines.

Montana Man TDO’d for Walkie Talkie Sale

Kenneth Scott and his company, Mission Electronics, have agreed not to engage in the export of EAR controlled material for a period of twenty years. Scott was charged in June 2022 by the U.S. Department of Commerce with violating multiple export control regulations related to the sale of two Motorola handheld radios to Iran with a total value of approximately $1,700..

Appointments / Yamaguchi in Field Slot at ITA

Kendee Yamaguchi has been appointed by President Biden to serve as Commerce Deputy Assistant Secretary for the US Field at the International Trade Administration. She will oversee nearly 300 trade professionals in more than 100 US cities, helping US businesses export their goods and services, and attracts foreign direct investment to grow jobs within the United States, Commerce said yesterday.

White House Amps Up Pressure on Russia

The White House marked the anniversary of Russia’s invasion of Ukraine with a raft of spending, tariffs, sanctions and export controls aimed at Russia and her enablers.

Justice and BIS / Export Enforcement Task Force

The National Security Division of Justice and the Commerce’s Bureau of Industry and Security (BIS) are joining with the FBI, Homeland Security Investigations (HSI) and 14 U.S. Attorneys’ …

China Blacklists US Defense Contractors

China touted its own sanctions blacklist, placing Lockheed Martin and Raytheon Missiles & Defence to China’s “Unreliable Entity List” over their participation in arms sales to …

CFIUS / Truck Tech Transfer “Espionage”

Members of the Committee on Foreign Investment in the US (CFIUS) have recommended the Justice Department file charges of economic espionage against the principals of a San Diego autonomous trucking startup.

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E-edition

Vol 44 No. 17 April 22, 2024

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Solar AD/CVD Case Initiated to Block Solar Workaround

US International Trade Commission announced the institution of investigations and commencement of a preliminary phase antidumping and countervailing duty investigation imports of crystalline silicon photovoltaic cells, whether or not assembled into modules, from Cambodia, Malaysia, Thailand and Vietnam, alleged to be sold in the United States at less than fair value and alleged to be subsidized by the named governments. Unless the Department of Commerce extends the time for initiation, the Commission must reach a preliminary determination in antidumping and countervailing duty investigations in 45 days, or in this case by June 10, 2024.

Treasury Sanctions More Iran UAV Suppliers

Treasury’s Office of Foreign Assets Control is sanctioning over one dozen entities, individuals, and vessels that have played a central role in facilitating and financing the clandestine sale …

"Toothless" EU Forced Labor Legislation Passed

The European Parliament has given its final approval to a new regulation enabling the EU to prohibit the sale, import, and export of goods made using forced labour. Originally proposed in 2021, the rulemaking had been stymied by resistance from industry groups, with the final result lacking much of the efficacy of the US version, the Uyghur Forced Labor Protection Act.

Medical Device Exception to Russian Sanctions

Bureau of Industry and Security (BIS) makes changes to the Russia and Belarus sanctions under the Export Administration Regulations (EAR) to add a new license exception for EAR99 medical devices and related parts, components, accessories, and attachments for use in or with medical devices that are destined for both countries and the temporarily occupied Crimea region of Ukraine, or the covered regions of Ukraine. The purpose of this final rule is to authorize under a license exception certain exports, reexports, and transfers (in-country) of “medical devices” that are being regularly approved and that advance U.S. national security and foreign policy interests. In addition, this final rule makes two corrections to the EAR related to Russia-related rules published in January, and March, 2024 by correcting an end-user control and adding a cross-reference correction.

Ecuador Official Convicted in Odebrecht Bribery Case

A federal jury in Miami has convicted the former Comptroller General of Ecuador for his role in a multimillion-dollar international bribery and money laundering scheme. According to court documents and evidence presented at trial, between 2010 to 2015, Carlos Ramon Polit Faggioni, 73, solicited and received over $10 million in bribe payments from Odebrecht S.A., the Brazil-based construction conglomerate.

USTR Releases Special 301 Report on IP Enforcement

The Office of the United States Trade Representative (USTR) today released its 2024 Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of intellectual property (IP) rights. “Many of the issues highlighted in the Special 301 Report demand collaborative efforts from our allies and partners,” said Ambassador Katherine Tai.

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