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US introduces actions against forced labour in China
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International Trade Laws and the Clean Energy Industry: How to Keep Regulatory Issues from Short-Circuiting Your Company s Growth
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On April 29, 2021, the U.S. Department of Justice’s National Security Division and the U.S. Attorney’s Office for the District of Massachusetts (collectively, “
DOJ”) announced that DOJ entered into a precedent-setting non-prosecution agreement with German software company SAP SE (“
SAP”) for more than $8 million, after it became the first company to voluntarily disclose U.S. export and sanctions violations pursuant to DOJ’s new export control and sanctions voluntary self-disclosure (“
VSD”) policy. Although SAP was required to disgorge $5.14 million of ill-gotten gains, DOJ did not prosecute SAP nor seek any additional penalty amount. The resolution – which carefully tracks the National Security Division’s 2019 VSD policy (on which we have written before) – provides a roadmap for how companies can obtain full voluntary self-disclosure credit, and a case study of when DOJ will eschew criminal
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It may be time to reevaluate your company’s approach to “deemed exports” and the hiring of foreign nationals, based on the recent changes to the country designations of Myanmar/Burma, Russia and Hong Kong, as well as the addition of certain items to the Commerce Control List (CCL) as “emerging technology” and the movement of other items from the U.S. Munitions List (USML) to the CCL.
Background
Two executive agencies govern exports the Department of State’s Directorate of Defense Trade Controls (DDTC) and the Department of Commerce’s Bureau of Industry and Security (BIS). DDTC implements and enforces the International Traffic in Arms Regulations (ITAR), which regulate items on the USML. BIS implements and enforces the Export Administration Regulations (EAR), which regulate items on the CCL. These regulations cover more than just the export of physical items. They cover re-exports between countries, transf
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Few areas of compliance change as rapidly as export controls. People, companies and even countries move on and off the sanctions list. Adding to the complexity, as Matt Silverman, Senior Manager, Compliance & Export Control at ASML explains, is the challenge that an export control violation isn’t about simply shipping goods to someone or somewhere you shouldn’t. Even a conversation, plant tour or the wrong hire can be a violation.
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Few areas of compliance change as rapidly as export controls. People, companies and even countries move on and off the sanctions list. Adding to the complexity, as Matt Silverman, Senior Manager, Compliance & Export Control at ASML explains, is the challenge that an export control violation isn’t about simply shipping goods to someone or somewhere you shouldn’t. Even a conversation, plant tour or the wrong hire can be a violation.
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