SmarTrade

Timely news and analysis of the latest developments in international trade law

On April 29, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced a settlement with MoneyGram Payment Systems, Inc. (MoneyGram), a global payments and money transfer company. Under the settlement, MoneyGram agreed to pay a $34,000 civil penalty for 359 apparent violations of multiple OFAC sanctions programs. MoneyGram provided services to blocked individuals incarcerated in U.S. federal prisons without a license from OFAC, processed transactions on behalf of an additional blocked…
On April 30, 2021, the Department of Commerce’s Bureau of Industry and Security (BIS) issued a notice announcing a settlement and fine of over $300,000 to FLIR Systems, Inc. for an egregious violation of the Export Administration Regulations (EAR). This settlement highlights that violations of the EAR are not limited to physical exports of goods or services. The settlement resolves allegations that FLIR made “inaccurate or incomplete representations, statements, or certifications in violation of the…
On April 28, 2021, Chief Judge Mark Barnett of the U.S. Court of International Trade (CIT) issued an order staying any new complaints filed in the ongoing Section 301 tariff refund litigation involving the legality of tariffs imposed under Section 301 of the Trade Act of 1974 on imports from China appearing on the Office of the U.S. Trade Representative’s Lists 3 and 4A. Any “new 301 Cases(s)” will be automatically stayed without further action…
On April 23, 2021, the plaintiff group in the ongoing Section 301 tariff refund litigation at the U.S. Court of International Trade (CIT) filed a Motion for Preliminary Injunction Limited to Suspension of Liquidation of all unliquidated entries of imported products from China appearing on the Office of the U.S. Trade Representative’s Lists 3 and 4A subject to tariffs pursuant to Section 301 of the Trade Act of 1974. The preliminary injunction motion in this…
The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued a final rule amending the Somalia Sanctions Regulations, 31 C.F.R. Part 551 (“Regulations”) and reissuing them to further implement the April 12, 2010 and July 20, 2012 Somalia-related executive orders. This final rule replaces the regulations that were published in abbreviated form on May 5, 2010 and includes additional interpretive and definitional guidance, general licenses, statements of licensing policy and other regulatory…
On April 19, 2021, the Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued General License No. 2H under the Belarus Sanctions Regulations, representing a shift in the licensing policy for transactions with certain entities. Since October 2015, now revoked OFAC General License No. 2G had authorized transactions with these nine companies. The new General License 2H essentially requires the winding down of any transactions with the entities and authorizes until June 3,…
On April 15, 2021, President Biden issued an Executive Order (“E.O.”) on “Blocking Property with Respect to Specified Harmful Foreign Activities of the Government of the Russian Federation.”  The E.O.  establishes a new national emergency under which sanctions may be imposed against individuals and entities furthering specified harmful foreign activities of Russia against the United States and others, including: undermining free and fair elections; malicious cyber-enabled activities; transnational corruption; extraterritorial activities targeting dissidents or journalists;…
On April 13, 2021, the U.S. Court of International Trade (CIT) issued a Scheduling Order in response to the joint status report filed the previous day by the plaintiffs and U.S. government defendants in the ongoing litigation involving more than 3,700 complaints challenging the legality of duties implemented on certain imports from China pursuant to Section 301 of the Trade Act of 1974. The report addressed the briefing schedule for the sample case selected by…
Since April 2020, we have partnered with foreign law firms to monitor and report on the most relevant government measures worldwide addressing the COVID-19 pandemic. This most recent (and final) version of the guide includes a concise, corporate-focused and user-friendly list of government measures and covers areas like tax, restructuring, business immigration, government contracts and international trade. View/Download (PDF): Country-by-Country Guide: Government Measures Taken in Response to COVID-19. This last update includes new information…
On April 12, 2021, the State Department’s Directorate of Defense Trade Controls (DDTC) issued additional guidance regarding changes that have been made to the International Traffic in Arms Regulations (ITAR) pertaining to export of defense articles or services to Russia. The guidance summarizes changes that were implemented on March 18, 2021, when the Departments of Commerce, State and the Treasury imposed sanctions and export restrictions on numerous Russian officials and government entities in response to…