Publications
Export Compliance of Software & Apps
Companies that develop and distribute apps must also comply with US regulations. Anyone who develops an app in Germany for the German market is supposedly not subject to any export restrictions, as the software is not exported from the USA. This can be a misconception for several reasons. Firstly, most app store operators have their legal domicile in the USA and therefore the market platform and all products traded on it are automatically subject to US export regulations as US products.
First sanctions packages
In the last 36 hours, the European Union, the United Kingdom and the USA have imposed punitive economic measures against Russia for recognizing the independence of the breakaway Ukrainian regions of Lugansk (LNR) and Donetsk (DNR) and announcing the deployment of Russian military forces in Ukraine.
EU law and embargo measures: BAFA publishes updates to lists of names and other notifications
The Federal Office of Economics and Export Control announced the update of name lists at the beginning of the year. Accordingly, in November and December 2021, persons, groups or organizations were added to or removed from lists of names in the following countries on the basis of implementing regulations Belarus, Iraq, Yemen, Congo, Libya, Syria, Turkey, Ukraine and Venezuela.
Draft bill published: USA threatens economic sanctions against Russia
On Wednesday, the US Senate published a draft bill containing a package of sanctions against Russia initiated by Democratic senators. The sanctions are to be imposed on the Kremlin in the event of an attack by Russia on Ukraine. The sanctions would also affect leading military and government officials as well as President Vladimir Putin himself, in addition to important banks in the country.
Fact sheet on customs declarations, summary declarations and re-export notifications 2022
The 2022 edition of the information sheet on customs declarations, summary declarations and re-export notifications is available for download. It is applicable from 01.01.2022.
2021 Export Control Forum: Web streaming recording and presentations available
The 2021 Export Control Forum provided an opportunity to discuss the latest developments in the field of export control in the EU and globally, including the first steps towards implementing the new Dual-Use Regulation, which came into force on September 9, 2021.
Update - Joint EU-US Stakeholder Outreach on Dual Use Export Controls
The European Commission (DG Trade) hosted a US-EU Trade and Technology Council event in October to discuss the priorities of the US-EU Export Control Working Group.
The Bureau of Industry and Security of the US Department of Commerce published a summary of the following proposals.
BIS is considering the introduction of a procedure for amending licenses
The Bureau of Industry and Security (BIS) is working on a proposed rule that would establish a formal process for amending licenses. It would allow applicants to revise certain license information instead of starting with a new application, said Tim Mooney, an official in BIS's regulatory policy division.
Excerpts from global economic sanctions in recent days
The US Office of Foreign Assets Control (OFAC) has placed eight companies on the Non-SDN List of Chinese Military-Industrial Complex Companies (NS-CMIC List) under Executive Order 13959. According to a Treasury Department press release, the US government believes that the companies' products "actively support the biometric surveillance and persecution of ethnic and religious minorities in China".
Sanctions in connection with the Taliban takeover in Afghanistan
Why the top Taliban leaders are not sanctioned and which sanctions policy measures could still follow.
Following the Taliban takeover in Afghanistan, ICS Exportwirtschaft examined who in the Taliban leadership was subject to sanctions. We found that the group itself is sanctioned by the US, but not the top Taliban leaders: Haibatullah Akhundzada and Abdul Ghani Baradar as well as the top negotiator Abdul Hakim Haqqani.
Buy American Act (BAA) and BAA-Compliance
When procuring products, governments around the world have always favored domestically produced products. There are laws that stipulate that government funds may only be used for the purchase of domestic products, or at least provide for a price preference for such products. The law that implements the US government's preference for domestic products is known as the Buy American Act ("BAA").
Implementing effective controlling measures for sanctions list screening
How to test your sanctions and watch list screening software:
As part of an effective financial crime compliance program, such as the EU Counter Terrorism Regulations (EC) No. 881/2002 and 2580/2001, all companies are required to implement complex screening measures.
"GSP INSIGHTS - Insights into the EU Generalized Scheme of Preferences (Trends - Monitoring - Field Reports)" published
This publication contains concise information on the EU's Generalized Scheme of Preferences (GSP), including the latest trends and insights into the economic and value-related objectives of the scheme.
USA and China decoupling: Will the sanctions spiral continue under Joe Biden as president?
Expert article by Sven-Boris Brunner
With just a few days to go before President Donald Trump leaves office, the US government has imposed further sanctions against China, Iran and Cuba. An additional challenge that has arisen in the final days of the Trump administration is the ban on US investment in companies that Washington believes have links to China's military. When this order came into effect last week, it was the most significant step yet towards financial decoupling between the two countries.
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