Author MassPoint Legal and Strategy Advisory PLLC

U.S. Restrictions on International Tech Transfer in Academia, Business, Trade

March 2, 2020

U.S. Controls Over Foreign Access to and Influence on Technology and Research in 2020: A Quick Guide U.S. companies, academic and research institutions, and individuals are facing greater scrutiny and regulation of their activities with foreign parties involving U.S. technology and…

OFAC Sanctions Jurisdiction Over US-Origin Technology: SITA Enforcement

February 28, 2020

OFAC's sanctions enforcement against SITA, the Switzerland-based provider of global air transport technology and services, premised U.S. sanctions jurisdiction on the provision of U.S.-origin technology and the involvement in transactions of networking hardware and servers located in the United States.

Federal Artificial Intelligence Panel Recommends Semiconductor Hardware Export Controls

January 14, 2020

Perceiving China’s technological ascendance as a threat, the United States has imposed defensive legal measures, including export controls, to curb foreign access to U.S. technology by illicit and lawful means. The approach has bipartisan backing across the U.S. government.

U.S. Sanctions on Nord Stream 2 and TurkStream Pipeline Projects (PEESA)

December 22, 2019

On December 20, 2019, the President signed into law the National Defense Authorization Act for Fiscal Year 2020 (NDAA), which authorizes the President to impose sanctions on foreign persons that knowingly sell, lease, or provide vessels for the construction of the Nord Stream 2 or TurkStream pipeline projects. The policies advanced by the NDAA are consistent with prior U.S. policy and legislation, particularly the Countering America’s Adversaries Through Sanctions Act. This MassPoint publication discusses PEESA’s policies, sanctions mechanics, the relationship between PEESA and CAATSA, and key takeaways.

OFAC Cosco Shipping Tanker (Dalian) Co., Ltd. General License K: Analysis

October 24, 2019

General License K authorizes, until 12:01 eastern time on December 20, 2019 (essentially, through the end of December 19 eastern time), the above-listed prohibited transactions where they directly or indirectly involve Cosco or entities owned 50% by Cosco and are “ordinarily incident and necessary to the maintenance or wind down of transactions.”

U.S. Sanctions Chinese Shipping Companies: Legal and Practical Points

September 29, 2019

The imposition of sanctions on the Chinese companies and executives—particularly on units of the high-profile, state-owned COSCO at a critical juncture in the U.S.-China trade war and shortly after both countries took conciliatory steps—reinforces the Trump Administration’s stated posture of aggressively enforcing Iran secondary sanctions in furtherance of its policy objectives.

Foreign Agents Registration Act Enforcement

September 20, 2019

MassPoint Legal and Strategy Advisory's Hdeel Abdelhady spoke about FARA enforcement mechanisms, recent and historical enforcement, recent developments and their implications, and questions that might arise in the near future. Ms. Abdelhady's presentation materials are provided here as a resource.

OFAC’s Reporting Rules: Big Lessons From “Small” Cases

August 8, 2019

Two "small" cases enforcing OFAC's reporting rules indicate OFAC's RPPR compliance expectations and enforcement posture. These and a recent sectoral sanctions enforcement show again that cases involving small (or no) monetary penalties can yield big compliance lessons.

New Tariffs: Potential Relevance for Huawei, Export Controls

August 1, 2019

The September 1 tariffs effective date is close in time to the expiration of the Temporary General License partially easing restrictions on Huawei. The state of U.S.-China trade talks around the expiry of the 90-day license may influence further actions. U.S. and foreign companies subject to export controls should be mindful of the potential links.

CFTC’s Corruption Crackdown Consistent With Trump Admin Strategy, Says Hdeel Abdelhady

July 29, 2019

Ms. Abdelhady addressed how the CFTC's current investigation of Glencore and its broader anti-corruption plans might fit with the Trump Administration's wider anti-corruption strategy targeting the extractives industry globally, as well as the how the CFTC, which lacks direct FCPA enforcement authority, might take a page from the NYDFS' playbook and indirectly enforce an anti-corruption agenda under the Commodities Exchange Act.