Businesses and industry lawyers should expect to see an increase in Foreign Corrupt Practices Act enforcement this year, especially as DOJ more frequently uses data analytics to find possible violations, said Dan Kahn, the former chief of DOJ’s FCPA unit.
The Environmental Protection Agency is setting new significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 329 per- and poly-fluoroalkyl substances (PFAS) that have not been imported, manufactured or processed for many years and are designated as inactive on the TSCA Chemical Substance Inventory, it said in a final rule released Jan. 10. As a result of the SNURs, anyone planning to manufacture, import or process any of the chemical substances for an activity designated as a significant new use by this rule are required to notify EPA at least 90 days in advance. Importers of chemicals subject to these SNURs will need to certify their compliance with the SNUR requirements, and exporters of these chemical substances will now become subject to export notification requirements. The final rule takes effect March 11.
The U.S. fined German software company SAP SE more than $200 million for violating the Foreign Corrupt Practices Act, saying it bribed government officials in South Africa, Malawi, Kenya, Tanzania, Ghana, Indonesia and Azerbaijan to secure business contracts. The company agreed to a nearly $100 million settlement with the SEC and faces a $118.8 million criminal penalty, along with a forfeiture, as part of a deferred prosecution agreement with DOJ.
Members of the U.K. Parliament this week questioned whether the government should be imposing more restrictions on China, including through human rights sanctions on Hong Kong officials and export restrictions on a broader range of Chinese technology companies. They also urged the U.K. to share the results of a possible review of its arms export policies toward Israel, which at least one member said hasn’t been transparent.
The Commerce Department plans to announce a “department-wide” strategy in the “weeks ahead” that will address its major priorities in national security, Deputy Commerce Secretary Don Graves said on Jan. 9.
The U.K. amended various entries under its ISIL (Da'esh) and al-Qaida and North Korea sanctions regimes in a pair of Jan. 8 notices.
The U.K.'s Office of Financial Sanctions Implementation on Jan. 9 published its "Asset Reporting Privacy Policy," outlining how the agency will use personal data of designated parties under the Russia sanctions regime. The agency collects the sanctioned parties' names, email addresses, residential addresses and financial information.
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The U.S. shouldn’t rush to impose new export controls on sensitive lidar technology, experts said, mostly because American firms may not have chokepoints over lidar and the restrictions may hurt U.S. export revenue.
Rep. Mike Gallagher, R-Wis., chairman of the House Select Committee on China, has urged the Commerce Department to consider placing the United Arab Emirates-based artificial intelligence firm Group 42 Holdings (G42) on the Bureau of Industry and Security’s Entity List, citing possible export control risks from the company’s work with China’s military, intelligence services and state-owned companies.