Change is Coming: China Proposes New Export Control Law
On June 16, 2017, China’s Ministry of Commerce (“MOFCOM”) released for public comments the draft Export Control Law of the People’s Republic of China (the “ECL”). The ECL, once enacted, could substantially change China’s current export controls regime and affect the business operations of EU and U.S. multinationals within and outside of China. By David Stepp, Clif Burns & Zhiwei… … Keep Reading
Two-Year Prison Sentence Demanded in Dutch Sanctions Enforcement Case
Another case that seems to betray a tougher line of sanctions enforcement in the Netherlands has emerged. On 21 August 2017, the Dutch public prosecution (the Prosecution) demanded two years of imprisonment for a managing director of a Dutch company which had dealings with Iran (the Defendant). In this case, brought before the Court of Den Bosch, the Prosecution has… … Keep Reading
EU Commission and Member States to fight any extraterritorial application of the new US sanctions
What about the extra-territorial application of the sanctions in the “Countering America’s Adversaries Through Sanctions Act” (CAATS) signed by President Trump on 2 August 2017? … Keep Reading
Much Ado About Sanctions in the United States
The Countering America’s Adversaries Through Sanctions Act (the CAATS Act) of August 2, 2017 impacts sanctions related to Russia, Iran and North Korea. Key among the changes is that it takes discretion out of the hands of the U.S. President to lift or change certain existing sanctions, particularly the sectoral sanctions imposed against Russia. … Keep Reading
The Restrictive Measures Against Qatar: Watch Closely …
The unprecedented restrictive measures which Saudi Arabia, the U.A.E., Bahrain, and Egypt have imposed on Qatar last month could pose a greater challenge to international business than you might expect. The measures are difficult to navigate, making their scope opaque. Once you have taken the trouble to familiarize yourself with the activities that are being targeted, it will become clear… … Keep Reading
Export Controls Enforcement by the Dutch Court | Part 2: The Case of the Airline Company
In our previous post, we discussed the export controls enforcement case brought against a logistics provider. At the same date, the same court also issued a judgment against an airline company that had acted as a carrier of certain military goods. (Rechtbank Noord-Holland, nr. 15/994178-17, 24 April 2017). This second case contains some observations by the Court that are worth highlighting… … Keep Reading
Export Controls Enforcement by the Dutch Court | Part 1: The Case of the Logistics Provider
Unlike in the US, few European countries disclose detailed records of the enforcement of export control regulations. The Netherlands are no exception to this rule. For their guidance, economic operators basically will have to depend on the odd court case. Remarkably, a Dutch court recently rendered two separate judgments concerning export controls enforcement at the same date. By Gerard Kreijen,… … Keep Reading
Meet the U.S. Office of Foreign Assets Control (OFAC) in Brussels on 21 June 2017
Will the Trump administration stick to or break with established US trade control policies and what could be the implications for our trade with Russia and Iran? Can we predict the consequences of a ‘hard Brexit’ and will it be possible for EU companies to anticipate? How do trade controls relate to the IT & Communications sector and what are… … Keep Reading