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What a difference a year makes.  As we reported last month, 2013 was filled with notable developments in U.S.-Iran relations.  The year was capped on November 24, 2013, when the United States and its negotiating partners were surprisingly able to reach a Joint Plan of Action with Iran (the “JPOA”) to loosen certain sanctions in exchange for Iran’s commitment to roll back its nuclear program.
Continue Reading Iran Sanctions: Every Day Above Ground is a Good Day

2013 was a banner year for the U.S. sanctions program against Iran.  For the first time in recent history, not all of the big Iran news involved new restrictions and prohibitions.  True, there were plenty of those, especially during the beginning of the year as the U.S. government implemented legislation passed in 2012.  But the most noteworthy Iran development in 2013 – a tentative nuclear agreement between Iran and six world powers – proved that diplomacy may be an alternative to ever-tightening sanctions.  With that single development came the possibility, remote though it may still be, that Iran’s economy could someday reopen to international business.

Here, we look back at important developments of 2013 and contemplate what 2014 might hold for U.S. sanctions on Iran.Continue Reading Iran Sanctions: 2013 and Beyond

By: Mark Jensen

In a series of recent rulings, the European Court of Justice overturned economic sanctions issued by the Council of the European Union (EU) on several Iranian banks and shipping lines.  On September 6 and 16, 2013, the Court halted sanctions on Persia International Bank plc, Bank Refah Kargaran, Export Development Bank of Iran, Post Bank Iran, Iranian Offshore Engineering & Construction Co., Iran Insurance Company, Islamic Republic of Iran Shipping Lines (IRISL), Khazar Shipping Lines, and Good Luck Shipping.  The EU had sanctioned these entities for their support of nuclear proliferation activities in Iran, but the Court determined that the EU lacked sufficient evidence to introduce such sanctions.  The cases are notable for their effect on global sanctions against Iran, although it seems unlikely that U.S. sanctions against Iran would be lifted on similar grounds.
Continue Reading The European Court of Justice Overturns, Unfreezes EU Iran Sanctions

By: Thad McBride, Mark Jensen, and Cheryl Palmeri

In early August, the New York Times reported that the U.S. Securities and Exchange Commission (SEC) is investigating JPMorgan Chase related to alleged violations of the Foreign Corrupt Practices Act (FCPA) in China.  According to the article, the press had not previously reported on the investigation, and the Times knowledge of it was based on a “confidential United States government document.”  The article generated a number of similar news reports.
Continue Reading The FCPA in the News: Big Scoops, Real Fallout

By: Neil Ray

In light of the upcoming changes associated with the Export Control Reform Initiative, the Department of Justice’s Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) issued a final rule in April 22, 2013, which amends its regulations to clarify restrictions on the permanent importation of defense articles and services.
Continue Reading Export Control Reforms Leads to Changes in Permanent Import Regime of Defense Articles and Services

By: Neil Ray

In light of the recent high profile disclosures of cyber surveillance, there is increased political momentum in the U.S. and EU to control the export of particular cyber technology products and services.  In the EU, the focus is on electronic surveillance equipment, and in the U.S., the concern is the proliferation of cyber weapons.
At an export control conference in Brussels this summer, a Dutch Member of the European Parliament, Marietje Schaake, who sits on the Parliament’s Committee of International Trade, called for EU regulation of “mass surveillance, mass censorship, tracking and tracing systems, as well as hacking tools and vulnerabilities that can be used to harm people”.
Continue Reading EU Targets Cyber Surveillance Exports and U.S. Considers Cyber Weapon Controls

By J. Scott Maberry

In Episode I, “The Basics,” we showed you some of the basics of the President’s new export control reform initiative. In Episode II, we helped you understand how to make sense of the impending changes in U.S. Munitions List Category VIII aircraft parts. In Episode III, we took you thorough the critically important license exemptions and exceptions.

And now, just as in the Star Wars epic, we come to the best part: Episode IV: the new definition of “specially designed.”

…
Continue Reading Export Control Reform Series Episode IV: The New Definition of “Specially Designed”

By: Reid Whitten

The first major wave of the much-discussed U.S. Export Control Reform measures will break on October 15, 2013 as the first round of rule changes take effect.  While many in the affected industries expect that the October changes will be a welcome relief from certain burdensome regulations, many are concerned, confused, and overwhelmed by the complex regulatory shifts being announced by the U.S. State and Commerce departments.

This article is the first in a series addressing various aspects of the ECR changes.  We will do our best to offer a bit of fundamental clarity, provide lay-person explanation, and lend some guidance in parsing nuanced regulations.  We also hope to bring an entirely new concept to the ECR discussion: comprehensibility.  We welcome your feedback by email through our open discussion on Twitter at @ReidGlobalTrade.Continue Reading Export Control Reform Series Episode I: The Basics – Five Points to Remember about Export Control Reform

By: Reid Whitten

In Episode I: The Basics we noted that U.S. Export Control Reform may be causing confusion and consternation among those who will have to take the first theoretical rule changes and apply them in real and practical situations.  Among the first test subjects are those who oversee ITAR compliance for manufacturers and exporters of aircraft and aircraft parts.  While these brave souls will be the front line of the ECR implementers, those in the ranks behind (looking at you, Military Vehicles and Naval Vessels) will do well to learn from their experience.
Continue Reading Export Control Reform Series Episode II: The First Change – Reevaluating your ITAR Aircraft Parts

By: Mark Jensen and Melinda Lewis

June brought a dark milestone in the Syrian civil war as the death toll exceeded 100,000 since the conflict began nearly two years ago. Amid international and domestic pressure to take action against the Syrian government for the continuing escalation of violence against its people, the United States has issued revised sanctions against Syria and announced its intention to provide arms to the Syrian rebels.
Continue Reading The Internet, Food, Petroleum, and World Culture: Recent Updates to the Syria Sanctions