As the export agencies still strive to implement one system for export licensing and compliance, DDTC has come one step closer by creating a new on-line process for filing CJ requests. As of November 16 at 5 pm, DDTC will no longer accept paper filings for CJ requests. This morning, November 21, DDTC started accepting electronic filings through the new Defense Export Control and Compliance System (DECCS). This new system will replace DTRADE and EFS and will allow the user to save drafts and copy previously inputted data. Yay. Progress is made one small step at a time. (more…)
The Commerce Department issued great news for exporters and American workers last week. According to Commerce’s report, Jobs Supported by Export Destination 2015, American jobs supported by U.S. exports to current free trade agreement partners grew 22% from 2009 to 2015. In 2015, U.S. exports to these free trade partners supported more than three million American jobs. Exports to NAFTA partners account for approximately one-fourth of these jobs. (more…)
The State and Commerce Departments have revised the standardized language for the destination control statement (DCS) that exporters are required to put on their shipping documents. Further, now exporters are only required to put the language on the commercial invoice. Gone is the requirement that exporters and freight forwarders take steps to include the statements on bills of lading, air waybills, and other shipping documents. The hope is to ease the burden on exporters and make the standard the same under both the State Department’s International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). (more…)
Further weakening secondary sanctions, the Department of Treasury’s Office of Foreign Assets Control has issued a new license to allow non-U.S. persons to fly some U.S. aircraft to Iran for temporary sojourn. While General License J only applies to fixed-wing airplanes and imposes a number of conditions that must be met in order for non U.S.-persons to fly to Iran, the new license may mark the start of new opportunities for the civil aviation industry in Iran. (more…)
The Commerce Department this week announced the establishment of the Trade Finance Advisory Council (TFAC), the mission of which will be to advise the Secretary on how the U.S. may support small and medium-sized U.S. business secure financing so that they may export their products to overseas customers. (more…)
What are secondary sanctions?
Secondary sanctions apply to non-U.S. persons for wholly non-U.S. conduct that occurs entirely outside U.S. jurisdiction. Compare this to primary sanctions, which prohibit U.S. persons from engaging in specified activities with certain countries, entities, and persons. (more…)
The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) has issued a voluntary disclosure guidance for export violations. The guidance takes effect July 22 and its intent is to make Commerce’s enforcement more in line with that of the Office of Foreign Assets Control (OFAC). Specifically, the new guidance introduces the OFAC concept of a “base penalty amount.” Like OFAC base penalties, the BIS base penalties will be determined by whether the violation was egregious and whether it was voluntarily disclosed. Once a base penalty amount is determined, the amount can move downward or upward based on mitigating and aggravating factors. (more…)
Sri Lanka may not be the first market that comes to mind when thinking of opportunities to export goods and services or invest, but there is reason to at least keep the country in mind. While the Administration has been busy in its efforts to ratify the Trans-Pacific Partnership (TPP) and prepare for its implementation, it has also aimed to strengthen trade with other Asian countries. (more…)
Last week the Commerce Department’s International Trade Administration (ITA) released the second installment of its Top Markets Reports. The reports–nineteen different industries are highlighted in total–do an excellent job highlighting growing export markets for American businesses and provide a lot of useful insight into the United States’ position in the global economy. Top export industries include auto parts ($81 billion), aircraft parts ($56.2 billion), pharmaceuticals ($47 billion), medical devices ($43 billion), building products and sustainable construction ($35.2 billion), construction equipment ($32.6 billion), and smart grid technology ($30 billion). (more…)
The Department of Treasury and Department of Commerce have made several changes to the Cuban Assets Control Regulations (CACR) and the Export Administration Regulations (EAR) since the Administration announced its new direction toward Cuba in December 2014. Since the amendments have occurred in multiple sets of rule changes over the past seventeen months, here is an attempt to summarize where we are in terms of what is now allowed.