September - 2020

European Commission issues notice of changes to Dual-Use export control regulations after Brexit tra

On 16th September 2020, the European Commission issued a notice to stakeholders (replacing the notice from 21 March 2019) entitled “Withdrawal of the United Kingdom and EU rules in the field of Dual-Use Export Controls.” This notice discusses changes to the licensing requirements of dual-use items once the Brexit transition period ends on 31st December 2020 and the United Kingdom leaves the European Union. The notice highlights the consequences of the regulation changes, such

BIS adds 47 entities to the Entity List

Effective on the 22nd September 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) added 47 entities to the Entity List (85 FR 59419). The Entity List “identifies entities reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States.” Entities on the Entity List have additional license requirements and limited license

OFAC amends Cuban Assets Control Regulations: issues new list

On 23rd September 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced that it will amend the Cuban Assets Control Regulations (85 FR 60068). Specifically, this amendment: adds a new prohibition “for persons subject to U.S. jurisdiction regarding lodging and related transactions at certain properties in Cuba” amends several general licenses (GLs) to incorporate the Cuba Prohibited Accommodations List (1) amends four general licenses re

New U.S. executive order; OFAC updates SDN list

On 21st September 2020, the U.S. Department of the Treasury announced that the President has issued a new Executive Order entitled "Blocking Property of Certain Persons with Respect to the Conventional Arms Activities of Iran.” In addition, the Treasury Department’s Office of Foreign Assets Control (OFAC) has updated the Specially Designated Nationals And Blocked Persons List (SDN). Please follow this link for more details.

China publishes provisions on the Unreliable Entity List

On 19th September 2020, the People's Republic of China’s Ministry of Commerce (MOFCOM) published (Chinese, English for reference) provisions on the Unreliable Entity List according to China’s Foreign Trade and National Security laws. The provisions stipulate that a foreign entity can be placed on the Unreliable Entity List if it 1) jeopardizes China’s national sovereignty, security and development interests or 2) prohibits normal transactions or discriminates against Chinese

FinCEN seeks public comments on anti-money laundering program

On 17th September 2020, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) issued an Advance Notice of Proposed Rulemaking (ANPRM) (85 FR 58023). The notice requests comments from the public on potential regulatory amendments under the Bank Secrecy Act (BSA). Specifically, the ANPRM seeks public comments on incorporating an “effective and reasonably designed” anti-money laundering (AML) program. For more information, see the news release from FinC

UK and Japan settle on historic free trade agreement

Today (11 September 2020) the United Kingdom’s Department for International Trade announced that it has secured a free trade agreement with Japan. The UK-Japan Comprehensive Economic Partnership Agreement is the UK’s first major trade deal as an independent trading nation. Analysis by the UK government estimates that the trade deal will add an overall £1.5 billion to the UK economy and £800 million to workers’ wages. The trade deal is also seen as a step towards the UK joinin

UK announces new campaign to prepare EU businesses for Brexit

On 7th September 2020, the United Kingdom’s Department for International Trade announced a new communications campaign directed at providing EU-based businesses with the necessary information for trade with the UK after 31st December 2020. The UK will leave the EU’s custom union and single market on 31st December 2020. In preparation for this date, the UK has launched a campaign entitled “Keep Business Moving”, which will direct EU businesses to a dedicated gov.uk page with i

U.S. Sanctions ICC officials

On 2nd September 2020, the U.S. Department of State announced sanctions against two officials of the International Criminal Court (ICC). ICC Prosecutor Fatou Bensouda and ICC’s Head of the Jurisdiction, Complementarity and Cooperation Division Phakiso Mochochoko have been sanctioned for investigating U.S. personnel, pursuant to U.S. Executive Order 13928. In response, the ICC condemns the sanctions as interference in their “judicial and prosecutorial independence” and as coer

U.S. Department of Defense lists additional “Communist Chinese military companies”

On 28th August 2020, the U.S. Department of Defense (DoD) released the names of 11 additional Chinese companies operating in the U.S. according to the “statutory requirement of Section 1237 of the National Defense Authorization Act for Fiscal Year 1999.” In June 2020, the DoD released an initial list of Chinese companies that were determined to be owned or controlled by the Chinese military and/or providing commercial services, manufacturing, producing, or exporting for the C