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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

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 Rosneft Judgment: CJEU upholds and clarifies Russia sanctions

In a recent judgement of 28 March 2017 (Case-72/15), involving PJSC Rosneft Oil Company (Rosneft), the Court of Justice of the European Union (CJEU) has ruled on the validity of the EU sanctions against Russia and clarified some important issues concerning the scope of these sanctions. The judgement has drawn attention, because the interpretation and scope of the sanctions has… … Keep Reading

Opposites attract: linking HS and ECN classification

On 16 January 2017, the European Commission published its latest update of the TARIC CN-DU Correlation Table which establishes links between the customs classification codes (HS/CN) and export control classification codes (ECN). By Bert Gevers, Yassine el Bojaddaini & Megan Gajewski Barnhill , 21 February 2017. As this correlation table sometimes confuses exporters when determining whether an item is controlled for… … Keep Reading

U.S. Uses CFIUS Regulatory Authority to Prohibit Transaction Between Two German Entities

U.S. law provides the President with broad authority to prohibit transactions that he deems to present a national security threat to the United States. In this context, national security concerns may, but need not, involve information that is trade-controlled or classified. By Jennifer Kies Mammen and Gerard Kreijen , 16 February 2017 At the end of 2016, President Obama used this power to… … Keep Reading

US Leaves JCPOA Intact But Is Still Ratcheting Up Sanctions Against Iran

When the United States lifted its nuclear-related sanctions as part of its Implementation of the Joint Comprehensive Plan of Action (JCPOA) in January 2016, it left in place several other sanctions mechanisms that could be implemented against Iran. On February 3, following Iran’s tests of certain ballistic missiles, the United States designated twenty-five (25) additional individuals and entities as Specially Designated… … Keep Reading

Snapback: The More You Know, the Better Prepared You Can Be

The possibility of a snapback of the nuclear sanctions against Iran has created uncertainty since before Implementation Day of the Joint Comprehensive Plan of Action (JCPOA) in January 2016. Now as we near the one year anniversary of the implementation of the JCPOA, uncertainty seems to loom larger as we also face a new US President and Administration. By Susan… … Keep Reading

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