The Month in International Trade – August 2024

The Best Lawyers in America 2025 Recognizes Three Crowell & Moring Trade Attorneys

Crowell & Moring’s Election 2024 Series Kick-off

Top Trade Developments

• OFAC, State Department, and BIS Expand Russian/Belarusian Sanctions
• DDTC Publishes ITAR Amendment to Implement the AUKUS Exemption
• DDTC Publishes Amendments to the ITAR Definition of Activities That Are Not Exports, Reexports, Retransfers, or Temporary Imports

Crowell Speaks

This news bulletin is provided by the International Trade Group of Crowell & Moring. If you have questions or need assistance on trade law matters, please contact Jana del-Cerro, Anand Sithian, or Simeon Yerokun or any member of the International Trade Group.

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The Best Lawyers in America 2025 Recognizes Three Crowell & Moring Trade Attorneys

The 2025 edition of The Best Lawyers in America® has recognized two Crowell & Moring trade lawyers as "Best Lawyers" and one as a “One to Watch.”

Best Lawyers in America

• Partner John B. Brew 
• Partner Jeffrey L. Snyder 

Best Lawyers: Ones to Watch in America

• Counsel Nimrah Najeeb

The Best Lawyers in America lists are compiled annually based on a peer–review evaluation in which tens of thousands of leading lawyers confidentially evaluate their professional peers. To view the full methodology, visit here.

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Crowell & Moring’s Election 2024 Series Kick-off

To keep our clients informed about the proposed policies and announced platforms of the presidential candidates and the potential composition of the new Congress, Crowell is launching its Election 2024 series. The series will provide insight and analysis on what the election of Vice President Harris or former President Trump could mean for business, as well as explore what’s at stake in key state and congressional races. 

Sign up for our Election 2024 Series where we will guide you through the election and post-election period, providing:

• Pre-Election Analysis: Weekly election updates in the form of webinars, podcasts, client alerts, and other events between now and the November 5 election.
• Transition 2025 Analysis: Key updates during the post-election transition, between Election Day and Inauguration Day in 2025.
• First 100 Days:  Key insights during the first 100 days of the new administration.

The Crowell Government Affairs team, working in collaboration with the firm’s practice and industry groups, and C&M International, will gather and share the latest intelligence and updates and help you plan for 2025.

We will keep you apprised of potential new or changing policies in 2025 as the result of the election, as well as potential new laws and regulations, including in areas such as AI, technology, antitrust, energy, environmental, financial services, government contracts, healthcare, life sciences, tax, trade, and transportation.

Join us for our webinars, podcasts, events, client alerts, and updates from the Crowell Election 2024 Series, Transition 2025 Series, and First 100 Days Series.

For more information, contact: Aaron Cummings, James Flood, Tyler O’Connor, Stephen Holland, Scott Douglas, Tracy Nagelbush Tolk, Tim Shadyac.

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Top Trade Developments

OFAC, State Department, and BIS Expand Russian/Belarusian Sanctions

On August 23^rd, 2024, the U.S. Treasury’s Office of Foreign Assets Control (OFAC), the U.S. Department of State (State), and the Commerce Department’s Bureau of Industry and Security (BIS) acted against Russia’s international supply chains.

OFAC and State collectively sanctioned nearly 400 individuals and entities. Of note, this included a substantial focus on targeting non-Russian persons for supporting Russian evasion efforts, including in more than a dozen countries outside of Russia.  The pie chart below shows the location of the new non-Russian SDN designees.

In parallel, BIS published two new rules. The first expands Russian and Belarusian sanctions under the Export Administration Regulations (EAR), while the second adds 123 entities to the Entity List.

Click here to continue reading the full version of this article.

For more information, contact: Dj Wolff, Jana del-Cerro, Edward Goetz

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DDTC Publishes ITAR Amendment to Implement the AUKUS Exemption

On August 20, 2024, the Department of State’s Directorate of Defense Trade Controls (DDTC) published an interim final rule to streamline defense trade between and among Australia, the United Kingdom (UK), and the United States in furtherance of the trilateral security partnership (the “AUKUS” partnership). The interim final rule implements the proposed rule DDTC published on May 1, 2024 with changes and is effective September 1, 2024, though DDTC is seeking comments on or before November 18, 2024.

Click here to continue reading the full version of this alert.

For more information, contact: Jana del-Cerro, Dilan Wickrema

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DDTC Publishes Amendments to the ITAR Definition of Activities That Are Not Exports, Reexports, Retransfers, or Temporary Imports

On August 15, 2024, the DDTC published a final rule to expand the ITAR’s definition of “activities that are not exports, reexports, retransfers, or temporary imports.”  The final rule implements the amendments the DDTC originally proposed on December 16, 2022 with six changes.  The rule is effective on September 16, 2024 and codifies longstanding DDTC policies and clarifies the jurisdiction of the ITAR.

Click here to continue reading the full version of this article.

For more information, contact: Jana del-Cerro, Jeremy Iloulian, Aryn Gruneisen

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Crowell Speaks

Report: U.K. sanctions enforcement against Russia lacking since invasion of Ukraine
August 28, 2024 – Compliance Week
Related Professionals: Sophie Davis

China objects to new sanctions on firms aiding Russia
August 26, 2024 – Voice of America
Related Professionals: Clif Burns

Tough U.S. Sanctions Packages Are Here to Stay – Whether It’s Harris or Trump
August 21, 2024 – Wall Street Journal
Related Professionals: Carlton Greene

3 International Trade Cases To Watch: Midyear Report
August 13, 2024 – Law360
Related Professionals: John Brew

Sports & Fitness Industry Association (SFIA) Supply Chain Disruptions, Due Diligence and Crisis Management Webinar (August 1, 2024).
Speakers: John Brew and Pierfilippo Natta

Advanced EAR Compliance - EAR 734.99 (b) and Foreign Direct Product Rule (FDPR) and 734.4/de minimis Thresholds: How to Apply Complex Requirements in Practice and Avoid the Key Compliance Traps (September 25, 2024).
Speakers: Jana del-Cerro