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    Nancy A. Fischer

    Nancy A. Fischer

    T: +1.202.663.8965 F: +1.202.513.8041
    U.S. Steps Up Sanctions and Export Controls Against Russia’s Defense Industry
    Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman, Stephanie J. Rohrer
    The United States recently expanded sanctions and export controls against the Russian defense sector. These designations and export control steps have implications for defense contractors, parts suppliers and brokers.
    OFAC Makes Important Update to Ownership/Control Guidance
    Authors: Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman, Stephanie J. Rohrer
    On August 13, 2014, the Office of Foreign Assets Control (OFAC) issued new guidance on ownership/control for determining blocked parties. This represented the first significant update on this topic since February 14, 2008, and may have important practical implications for how companies conduct due diligence, assess whether potential business associates or customers are blocked under U.S. law, and determine when it is safe to deal in or transfer the property of such persons.
    Expanded Sanctions Target Russia’s Defense Industry
    Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman, Stephanie J. Rohrer
    The United States, European Union and Canada each took steps recently to expand sanctions against Russia, including the targeting of major defense companies and the addition of export controls. These designations and export control steps have implications for defense contractors and brokers.
    Western Sanctions Expand as Tension in Ukraine Continues
    Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman, Stephanie J. Rohrer
    The United States, Canada and the European Union have designated a number of additional officials and companies as the unrest continues in eastern Ukraine. The United States also imposed sanctions on the head of Russian energy giant Rosneft and announced new export controls on shipments to Russia. Although sector-wide sanctions or broader measures against the Russian banking or energy industries have not yet been imposed, such measures remain under active consideration and further destabilization or Russian military action could trigger additional steps in the near future.
    May 2014
    Cuba Embargo Continues to Present Risks for Travel Cos.
    Source: Law360
    Authors: Nancy A. Fischer, Aaron R. Hutman, Stephanie J. Rohrer
    This article was originally published in Law360 on May 9, 2014.
    European Subsidiary Incurs Liability Under U.S. Cuba Sanctions for Travel Services
    Authors: Nancy A. Fischer, Aaron R. Hutman, Stephanie J. Rohrer
    On April 18, 2014, the Office of Foreign Assets Control (“OFAC”) announced a settlement of nearly $6 million with CWT B.V. (“CWT”) for violations of the Cuban Assets Control Regulations (“CACR”), 31 C.F.R. Part 515. CWT is a travel service company based in the Netherlands but majority owned by U.S. persons and consequently was subject to U.S. jurisdiction. CWT provided travel services to 44,430 persons traveling to and from Cuba in violation of the U.S. embargo.
    U.S. and UK Take Modest Steps to Restrict Exports to Russia
    Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman, Stephanie J. Rohrer
    The Obama Administration has threatened to impose additional sanctions on Russia in response to the Ukraine crisis but so far has only blocked the assets of 32 individuals and one bank. Additionally, with little fanfare, the two primary U.S. agencies responsible for issuing export licenses announced that they have stopped processing applications for licenses to export or re-export products and technology to Russia. The United Kingdom is suspending existing licenses and will not process license applications to export to Russia products and services that are destined for military use in the Ukraine.
    Ukraine/Russia Sanctions Escalate
    Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman, Stephanie J. Rohrer
    Sanctions escalated at a rapid pace last week as western powers responded to the crisis in Ukraine and Russian’s annexation of Crimea. The United States, European Union (EU), Canada and Australia have implemented sanctions. The approaches and specific sanctions lists of these four jurisdictions overlap but have certain key differences. Following are the current contours of these sanctions (through March 23, 2014).
    New Ukraine Sanctions Announced – U.S., EU and Canada Take Action
    Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman
    In response to political developments in the Ukraine and Russian military action in Crimea, the United States and European Union (EU) announced new sanctions on March 6, 2014. Canada issued its sanctions on March 5, 2014. The U.S. Executive Order authorized the Treasury Department to block the assets of persons determined to have engaged in certain destabilizing conduct or misappropriation of state assets in the Ukraine. The Executive Order also provided for the potential denial of visas. The United States has not yet made any designations under its sanctions and is not expected to do so immediately, but has issued anti-money laundering guidance concerning the accounts of eighteen members of the former Ukraine regime, including ex-President Viktor Yanukovych. The EU and Canada imposed an asset freeze against these former Ukraine regime officials.
    United States Implements Temporary Changes to Iran Sanctions under Interim Agreement
    Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman
    On January 20, 2014, the U.S. Treasury and State Departments took steps to implement temporary and limited changes to U.S. sanctions policy for Iran as agreed under the interim nuclear deal reached by Iran and the P5 + 1 countries. Most U.S. sanctions on Iran remain in place and will continue to be enforced. Between January 20 and July 20, 2014, non-U.S. individuals and companies (unless U.S. owned or controlled) will not face U.S. sanctions enforcement if they engage in specified transactions relating to the (a) export of Iranian petrochemical products, (b) provision of goods and services for Iran’s auto industry, (c) sale of gold and precious metals to or from Iran and (d) provision of insurance and transport services associated with sales of Iranian oil to six specified countries. The U.S. government also has adopted a favorable licensing policy in specified cases for the provision of goods and services to Iran’s civil aviation industry by U.S. persons, U.S. owned/controlled foreign entities and non-U.S. persons for transfer of U.S. goods or technology. The U.S. also is taking steps to facilitate certain humanitarian and medical trade with Iran, payment of UN dues and support for Iranians studying abroad.
    Interim Deal on Iran Sanctions Policy Involves Limited Changes
    Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman
    Despite some confusing media reports, the interim nuclear deal reached by Iran and the P5 + 1 on November 24, 2013 would change very little in U.S. and multilateral sanctions policy. These limited changes are still pending implementation by the United States, European Union (EU) and other jurisdictions. Companies as well as those active in energy markets should await implementation and moderate expectations.
    State Department Publishes Interim Final Rule to Clarify Defense-Broker Requirements
    Authors: Christopher R. Wall, Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman
    Section 38(f) of the Arms Export Control Act requires the registration of brokers of defense articles and defense services, pursuant to regulations currently published in Part 129 of the International Traffic in Arms Regulations (“ITAR”). Although these regulations have been in place for decades, their scope and reach have not been clearly defined. New regulations published on August 26, 2013, are the culmination of a multi-year effort on the part of the U.S. Department of State, Directorate of Defense Trade Controls (“DDTC”) to clarify the brokering rules.
    New U.S. Sanctions Designations Target Airlines and Lessors in Europe and Asia
    Authors: Nancy A. Fischer, Josh Romanow, Aaron R. Hutman

    This article was originally published in International Trade Law360 and Public Policy Law360 on June 18, 2013.

    The United States has added three airlines from Europe and Asia, as well as two individual airline executives and 13 aircraft, to the list of Specially Designated Nationals (SDNs) due to the airlines’ support for Iran Air and Mahan Air of Tehran. The sanctions designations were based on U.S. Executive Orders with extraterritorial jurisdiction over parties who support certain sanctioned persons like Iran Air/Mahan Air – the newly sanctioned companies and executives were not U.S. nationals, no activity took place in the United States, and jurisdiction was not based on U.S. content in the aircraft. This highlights an additional risk area for aircraft operators, manufacturers and lessors of all nationalities.
    Doing Business in the U.S.
    Authors: Stephan E. Becker, Benjamin J. Cote, Nancy A. Fischer, Jeffrey R. Gans, Kimberly A. Harshaw, Kirke M. Hasson, Keith D. Hudolin, Aaron R. Hutman, David A. Jakopin, Michael G. Lepre, Michael S. McNamara, Jerry W. Ross, Susan P. Serota, Thomas M. Shoesmith, Woon-Wah Siu, Glenn Q. Snyder, C. Brian Wainwright, Lu Wang, Reza Zarghamee, Louis A. Bevilacqua, Joseph R. Tiano, Jr., Christine Nicolaides Kearns
    “Doing Business in the U.S.” is a practical, introductory guide for non-U.S. businesses interested in doing business in the United States. The guide, authored by numerous Pillsbury attorneys, is an initiative of the firm’s China Practice Group, and the authors frequently use Chinese business or Chinese regulations as examples. However, the book may also be useful for other non-U.S. businesses.
    U.S. Congress Authorizes Satellite Export Control Reform
    Authors: Nancy A. Fischer, Aaron R. Hutman
    The National Defense Authorization Act for Fiscal Year 2013(“NDAA 2013”) clears the path for major revisions to U.S. satellite-export-control rules in the coming year. The Departments of State, Defense and Commerce have proposed and are poised to implement a transfer of the export control of a significant portion of U.S. commercial communications satellites, components, technology and services from the International Traffic in Arms Regulations (“ITAR”) to the Export Administration Regulations (“EAR”) overseen by the Commerce Department for dual-use items and technology. The move is expected to simplify the controls on satellite-related exports to our allies and enhance the competitiveness of the U.S. satellite and aerospace industries in this market segment.
    U.S. Proposes Changes to Streamline Export Rules for Personal Protective Equipment
    Authors: Nancy A. Fischer, Aaron R. Hutman, Benjamin J. Cote
    Body armor and helmets are crucial equipment for contractors, business professionals, NGO volunteers and government workers operating in dangerous areas abroad. They also can pose an organizational challenge due to export controls under U.S. law. On June 7, the State Department's Directorate of Defense Trade Controls (DDTC) and Commerce Department’s Bureau of Industry and Security (BIS) proposed rules to reorganize the regulation of personal protective equipment (PPE), protective shelters and related items. Several items and technologies would be moved from stricter DDTC control under the International Traffic in Arms Regulations (ITAR) to new BIS-administered categories under the Export Administration Regulations (EAR), with license exceptions available under certain circumstances. Companies have the opportunity to submit comments on the proposed rules.

    USTR Initiates Section 301 Investigation and Delays Consultation Request with China
    Authors: Nancy A. Fischer, Ada L. Loo
    On October 15, 2010, the Office of the U.S. Trade Representative ("USTR") announced the initiation of an investigation on claims made by the United Steelworkers ("USW") against China's policies affecting trade and investment in green technology. The investigation is the result of a petition for relief under Section 301 of the Trade Act of 1974, as amended, that was filed on September 9, 2010 by the USW.

    Proposed Easing of ITAR Requirements for Third Country National Employees; Comments Due by September 10, 2010
    Authors: Nancy A. Fischer, Joshua D. Fitzhugh
    The International Traffic in Arms Regulations (ITAR) control the export and retransfer of defense hardware, defense-related technology, and satellites. As part of the Obama Administration’s ongoing export control reform initiative, on August 11, 2010 the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) proposed significant changes to how foreign entities may control access to U.S.-origin defense articles and technology covered by the ITAR. The proposal could ease certain regulatory burdens, but may require additional employee screening by foreign companies.
    Is It Time to "Friend" Iran?
    Source: International Trade Law360
    Author: Nancy A. Fischer
    Nancy Fischer, partner in Pillsbury's International Trade practice, authored this article, which originally appeared in International Trade Law360, March 16, 2010.
    Proposed Changes to ITAR Rules May Have Broad Impact; Initial Comments Due Jan. 25
    Authors: Nancy A. Fischer, Joshua D. Fitzhugh
    The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) recently proposed significant changes to the export licensing exemptions and brokering rules under the U.S. International Traffic in Arms Regulations (ITAR). The proposals would modify licensing exemptions for hand-carried data, Foreign Military Sales (FMS) shipments, and exports in support of government activities. They would also impose additional compliance requirements on the brokering of defense articles. Public comments on the FMS and hand-carried data proposals are due by January 25, 2010.
    Changes to Cuba Embargo Will Give Telecom and Satellite Providers More Opportunities
    Authors: Nancy A. Fischer, Michael J. Noonan
    On September 8, 2009, the Office of Foreign Assets Control ("OFAC") of the Department Treasury and the Bureau of Industry and Security ("BIS") of the Department of Commerce issued final rules in the Federal Register amending the Cuba Sanctions program and the Export Administration Regulations ("EAR") to increase the range of telecommunications services that can be provided between the United States and Cuba and exports and re-exports of items to implement those services, as well as authorizing related payments and travel. These are included in a larger set of rule changes implementing the President's April 13, 2009, directive to promote contact between family members and the flow of information between the two countries.
    Bill Could Amend Arms Export Control Act, Remove Special Congressional Designation of Satellites on U.S. Munitions List
    Authors: Nancy A. Fischer, Michael J. Noonan
    New legislation before the House Committee on Foreign Affairs includes a section that would return to the President the authority to determine the appropriate export control jurisdiction for satellites, which could prompt a move to the Commerce Control List of some or all commercial satellites and their related components.
    Criminal Prosecution: Deemed Exports and the University Environment
    Authors: Nancy A. Fischer, Michael J. Noonan
    On May 13, 2009, professor emeritus J. Reece Roth of the University of Tennessee is scheduled to be sentenced for violations of the Arms Export Control Act (AECA) , the International Traffic in Arms Regulations (ITAR) , and other violations due to a conviction on all 18 counts of an indictment arising from deemed and actual exports to China.  Professor Roth faces a maximum penalty of 180 years in prison and fines of up to $16 million; however, the prosecution has recommended a sentence of 78 to 97 months’ imprisonment.  Professor Roth was convicted of providing controlled technical data regarding plasma technology for use in drone aircraft to a Chinese national graduate student and traveling to China with a laptop containing controlled technical data.  The University escaped indictment in this matter because Professor Roth’s illegal activities were conducted as part of his work with a private company licensed by the University to use University-patented technology, and not directly for the University, and because the University had in place export control policies and procedures.  The conviction, however, raises significant questions for university awareness of export controls, the outside activities of university staff, and the 600,000 international students in the United States.
    Congress Expresses Interest in Export Control Reform and the Impact on U.S. Competitiveness: Possible Changes to the Control of Satellites Under ITAR?
    Authors: Nancy A. Fischer, Michael J. Noonan, Joshua D. Fitzhugh
    Congressional interest in the application of military export controls to satellite technology is heating up in the 111th Congress.
    CFIUS Guidance: National Security Concerns in Foreign Acquisitions of U.S. Businesses
    Authors: Nancy A. Fischer, Stephan E. Becker
    The Department of Treasury recently published guidance on the considerations examined by the Committee on Foreign Investment in the United States (“CFIUS”) to determine whether national security risks are presented by particular types of transactions covered by the Foreign Investment and National Security Act of 2007 (“FINSA,” amending 50 U.S.C. App. 2170). The guidance provides important insight into the manner in which CFIUS is likely to apply the new regulations it issued on November 21, 2008.
    Final CFIUS Regulations for Foreign Investment Now Published
    Authors: Nancy A. Fischer, Stephan E. Becker
    The Committee on Foreign Investment (“CFIUS”), which is chaired by the Treasury Department, reviews acquisitions by foreign companies of U.S. companies to evaluate whether they could negatively affect U.S. national security. On November 15, 2008 the Treasury Department released an advance copy of the final version of new regulations that will govern CFIUS reviews of proposed transactions.

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