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Cortney Morgan

An experienced attorney in the area of international trade and supply chain issues, Cortney advises foreign and domestic clients on all aspects of international trade regulation, planning and compliance, including import (customs), export controls, economic sanctions, embargoes, international trade agreements and preference programs.

On Tuesday, July 12, 2017, President Trump issued an Executive Order in order to amend Executive Order 13761, which was issued by the Obama Administration in January of 2017. Today’s amendments to EO 13761 allow the State Department additional time to prepare its report on whether the Government of Sudan has sustained the positive activities that the Obama Administration recognized when it originally issued EO 13761.  EO 13761 originally required the report to be delivered by July 12, 2017, but President Trump’s new order pushes that deadline back to October 12, 2017.

Today, the Trump Administration announced that the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has updated the U.S. sanctions list of designated individuals and entities involved in the Ukrainian conflict. The announcement was made while Ukrainian President Petro Poroshenko was meeting with President Trump and other officials at the White House.

This action designates 38 individuals and entities under Ukraine-related authorities, thereby blocking access to property these individuals may have in the United States and prohibiting all transactions by U.S. persons involving these individuals.

President Trump today announced changes to U.S.-Cuban sanctions policy which will reverse amendments made by the Obama administration in 2015 and 2016 intended to normalize relations with Cuba. President Trump stated that these changes will include eliminating unsponsored individual travel under the “people-to-people” program and restricting transactions with Cuban military, intelligence and security agencies. The U.S. Department of Treasury’s Office of Foreign Assets Control and the U.S. Department of Commerce’s Bureau of Industry and Security have not yet revised their rules to formally implement today’s announced policy changes, however OFAC has provided preliminary FAQ guidance. According to OFAC, today’s announced changes will not become effective until the new regulations are issued.

On Thursday, June 15, 2017, by a vote of 98-2, the U.S. Senate overwhelmingly passed a bill that would potentially impose additional sanctions against Russia and give Congress the power to delay and/or prevent any action by President Trump to lift or relax sanctions against Russia. Tentatively titled the “Countering Russian Influence in Europe and Eurasia Act of 2017” (“CRIEEA”), the bill must now proceed to the U.S. House of Representatives for further deliberation and approval.

In March 2016, ZTE Corporation and ZTE Kangxun (collectively ZTE) were placed on the U.S. Department of Commerce’s Bureau of Industry and Security (BIS) Entity List after corporate documents revealed alleged failure to comply with U.S. sanctions against Iran. While placement on the Entity List would ordinarily result in a ban on conducting business with the U.S., President Obama issued a Temporary General License (TGL) on March 24, 2016, which authorizes the export, reexport and transfer (in country) of items to ZTE. The TGL was implemented by amending the Export Administration Regulations (EAR) with the addition of Supplement No. 7 to part 744.

Following the recent release of a joint analysis report by the Federal Bureau of Investigation (FBI) and department of Homeland Security (DHS) on Russian Malicious Cyber Activity and sanctions issued by the Obama Administration on December 29, 2016 (as previously reported here), the Department of Commerce’s Bureau of Industry and Security (BIS) has amended the Export Administration Regulations (EAR) by adding five (5) Russian entities to the Entity List.  The entities identified below have been determined to have been involved in activities contrary to the national security or foreign policy interests of the United States:

The Department of Treasury’s Office of Foreign Assets Control (OFAC) has announced new rules, which will take effect December 23, 2016, amending the Iranian Transactions and Sanctions Regulations, 31 C.F.R. part 560 (ITSR). The revised rules expand the scope of medical devices and agricultural commodities that may be exported or re-exported to Iran without specific authorization, pursuant to the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSRA).

On December 20, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) issued its latest round of Russian sanctions as part of the ongoing U.S. response to Russia’s 2014 annexation of Ukraine’s Crimean peninsula and its subsequent escalation of conflict in the region. The new sanctions target seven individuals, eight entities, and two vessels. OFAC also added an additional 26 subsidiaries of Russian banks already subject to sanctions to the U.S. Sectoral Sanctions List. The new sanctions come one day after the European Union extended its sanctions against Russia for an additional six months.

On December 15, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) revised their Frequently Asked Questions Relating to the Lifting of Certain U.S. Sanctions Under the Joint Comprehensive Plan of Action (JCPOA), clarifying procedures related to the potential “snapback” of the JCPOA and the subsequent re-imposition of sanctions.

On October 7, 2016, President Obama signed Executive Order 13742, terminating sanctions on more than 200 Burmese businesses and individuals. The Order eliminates prior restrictions on business with Burmese banks, permits the import of Burmese jadeite and rubies, and allows investment reporting through the State Department’s Responsible Investment Reporting Requirements to be made on a voluntary basis. Burma will now receive duty-free treatment on more than 5,000 products exported to the United States.