January 13, 2017, Covington Alert

Over the past few months, the agencies responsible for criminal and civil enforcement of U.S. export control and economic sanctions laws have implemented a number of important changes in their enforcement practices. In October 2016, the U.S. Department of Justice (“DOJ”), National Security Division (“NSD”) published guidance on voluntary self-disclosures of criminal export control and sanctions violations. In June 2016, the U.S. Department of Commerce, Bureau of Industry and Security (“BIS”) updated its guidance on charging and penalty determinations for civil violations of export control regulations. And effective August 2016 and January 2017, the agencies responsible for civil enforcement of export control and sanctions regulations increased the maximum civil penalties for violations of those regulations. Each of these recent updates is discussed in more detail below.

October 17, 2016, Covington Alert

Effective today, the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”) has amended the Cuban Assets Control Regulations (“CACR”) and the U.S. Commerce department’s Bureau of Industry and Security (“BIS”) has amended the Export Administration Regulations (“EAR”) to expand permissible dealings involving Cuba, further easing the longstanding U.S. trade embargo and continuing a policy shift that the Obama Administration announced in December 2014.

Simultaneous with last Friday’s announcement of these changes, President Obama issued a Presidential Policy Directive that outlines a policy of “normalization” as to U.S.-Cuba relations. The directive states that the embargo — elements of which remain in place — is “outdated” and renews calls for Congress to lift the remaining restrictions.

March 6, 2014, Covington E-Alert