October - 2020

Berkshire Hathaway, Inc. settles with OFAC for $4,144,651

On 20th October 2020, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announce a $4,144,651 settlement with Berkshire Hathaway, Inc. (“Berkshire”). Based in Omaha, Nebraska, Berkshire settled with OFAC for 144 apparent violations of the Iranian Transactions and Sanctions Regulations, 31 C.F.R. part 560. Evidently, between 2012 and 2016, Iscar Kesici Takim Ticareti ve Imalati Limited Sirket, a Turkish subsidiary of Berkshire, knowingly exported 14

China passes new export control law

On 17th October 2020, the "Export Control Law of the People's Republic of China" was passed by the Standing Committee of the 13th National People's Congress. The law will come into force on 1st December 2020. The law lays out export control regulation measures to safeguard national security, to fulfill international obligations, and to administer export controls. For more information see the press release and the text of the Export Control Law.

German customs updates handbook on export licenses, authorization codes and electronic depreciation

German customs (Generalzolldirektion, "Zoll") has updated its "Handbook for export licenses, authorization codes, electronic depreciation" (Handbuch Ausfuhrgenehmigungen, Genehmigungscodierungen, elektronische Abschreibung). This manual, version 8.4, reflects regulations as of 1st October 2020 and replaces the April 2020 version (8.3). The new version can be downloaded here under “ATLAS-Ausfuhr.”

EU publishes guidance note on sanction compliance and humanitarian aid during the COVID-19 pandemic

On 9th October 2020, the European Commission published the “Commission Guidance Note on the Provision of Humanitarian Aid to Fight the COVID-19 Pandemic in Certain Environments Subject to EU Restrictive Measures.” In a question/answer format, the Note gives guidance on EU sanction compliance when providing humanitarian aid, especially medical aid, due to the COVID-19 pandemic.

U.S. releases “National Strategy for Critical and Emerging Technologies”

On 15th October 2020, U.S. President Trump released the “National Strategy for Critical and Emerging Technologies.” This document, in two pillars, outlines the U.S. goals of promoting the “National Security Innovation Base” and protecting the “Technology Advantage.” The strategy identifies 20 technologies of priority, including AI, agriculture, biotechnology, quantum information, and space. For more information, please see press releases from the: White House Department of Co

UK publishes notice about registering for the dual-use OGEL after Brexit

On 16th October 2020, the United Kingdom’s Department for International Trade: Export Control Joint Unit (ECJU) published Notice 2020/14 entitled “sign up for the EU dual-use OGEL.” This notice references Notice 2020/03 that specifies which OGEL dual-use exporters must use when exporting to any EU member state (including the Channel Islands) after the transition period ends, from 1st January 2021. Notice 2020/14 advises exporters to check if any of their items are in Annex 1

BIS corrects and extends comment period for ‘foundational technologies’

On 9th October 2020, the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) announced that it is correcting the advance notice of proposed rulemaking (ANPRM), “Identification and Review of Controls for Certain Foundational Technologies,” to clarify that submitting confidential business information is allowed. Additionally, the comment period has been extended from 26th October 2020 to 9th November 2020. Please see the Federal Register for more information.

OFAC publishes new FAQs and issues Venezuela- and Iran-related General Licenses

On 14th October 2020, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) published FAQs 848, 849, 850 and 851 relating to a report pursuant to section 5(a) of the Hong Kong Autonomy Act. These FAQs give details on reporting requirements under the Hong Kong Autonomy Act. Additionally, on 8th October 2020, OFAC issued Iran General License (GL) L, “Authorizing Certain Transactions Involving Iranian Financial Institutions Blocked Pursuant to Executive Order

European Commission publishes notice on the use of pan-Euro-Mediterranean preferential rules of orig

On 30th September 2020, the European Commission published the “Commission notice concerning the application of the Regional Convention on pan-Euro-Mediterranean preferential rules of origin or the protocols on rules of origin providing for diagonal cumulation between the Contracting Parties to this Convention” (2020/C 322/03) in the Official Journal of the European Union. This notice replaces notice 2020/C 67/02.

Germany announces deadline for electronic war weapons reporting

On 23rd September 2020, Germany’s ‘Bundesamt für Wirtschaft und Ausfuhrkontrolle’ (BAFA) announced that reports on war weapons books must be, for the first time, electronically submitted to BAFA between 30th September and 14th October 2020. The War Weapons Control Act (‘Kriegswaffenkontrollgesetz’ or KrWaffKontrG) requires everyone who deals with war weapons to report the stock and changes in stock to BAFA every six months. On 20th March 2020 an amendment to the 2nd Implement

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