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This newsletter is a listing of the latest changes in export control regulations through December 31, 2021. The newsletter is provided as a complimentary service to assist exporters with their ITAR and EAR export compliance responsibilities. It provides a summary of recent changes to export control regulations or other regulatory matters of interest that may impact your company's international trade and export compliance functions. Call us at 703-847-5801 or email with questions or comments.

See also our "Latest Sanctions Fines & Penalties" section below for an update on companies and persons denied export privileges by the United States Government.






President Biden Signs The Uyghur Forced Labor Prevention Act Into Law


December 23, 2021: President Biden signed the Uyghur Forced Labor Prevention Act into law, which blocks imports from China's Xinjiang region unless businesses can prove the items were made without forced labor. The new law is the latest in a series of attempts by the U.S to get tough with China over its alleged systemic and widespread abuse of ethnic and religious minorities in its western region, especially Xinjiang's predominantly Muslim Uyghurs. It requires U.S. government agencies to expand their monitoring of the use of forced labor by China's ethnic minorities. Crucially, it creates a presumption that goods coming from Xinjiang are made with forced labor. Businesses will have to prove that forced labor, including by workers transferred from Xinjiang, were not used in manufacturing the product before it will be allowed into the U.S. The House and Senate each passed the measure with overwhelming support from Democrats and Republicans.


Please contact your consultant to discuss steps you should take if doing procurement business pursuant to US Government contracts with companies in Xinjian, China.




Department of Commerce – Bureau of Industry and Security (BIS)


BIS Amends The EAR Policy Related To Cambodia


December 9, 2021: 86 Fed. Reg. 70015: In response to deepening Chinese military influence in Cambodia, which undermines and threatens regional security, as well as growing corruption and human rights abuses by the Government of Cambodia, in this final rule, the Bureau of Industry and Security (BIS) amends the Export



Administration Regulations (EAR) to apply more restrictive treatment to exports and reexports to and transfers within Cambodia of items subject to the EAR. The amendment adds Cambodia to:

(1) The list of countries subject to the National Security licensing policy in § 742.4(b)(7) (Review to determine the risk of diversion to a military end-user or military end-use);

(2) the list of countries subject to military end-use and end-user controls in § 744.21;

(3) the list of countries subject to military intelligence end-use and end-user controls in § 744.22; and

(4) the list of countries subject to a U.S. arms embargo under Country Group D:5.

BIS revised Country Group D to add Cambodia to Country Group D:5 is consistent with the Department of State's amendment adding Cambodia to ITAR § 126.1 on December 9, 2021.




Department of Commerce – Census Bureau


Census Bureau Proposes To Add A Conditional Data Element To Electronic Export Information (EEI) Filings


December 15, 2021: 86 Fed. Reg. 71187: The Census Bureau's Economic Management Division (EMD) is announcing the publication of a Notice of Proposed Rulemaking (NPRM) seeking public comments on its consideration to add a conditional data element, country of origin when the foreign origin is selected in the Foreign/Domestic Origin Indicator field in the Automated Export System (AES). The current Foreign/Domestic Origin Indicator field in the AES, independent of other data, creates significant data challenges and limitations in using the trade statistics because the indicator does not capture the country of origin.   As a result, the foreign trade statistics do not provide sufficient insight to identify the gaps in domestic product and supply; evaluate supply chains; and address trade imbalances.   Therefore, the Census Bureau is requesting comments to assess the potential impacts of this regulatory change as well as other remedial changes made by this rule. The NPRM can be found in its entirety at




Department of State, Directorate of Defense Trade Controls (DDTC)


DDTC Amends The ITAR Adding Cambodia As A Proscribed Destination


December 9, 2021: 86 Fed. Reg. 70053: The Department of State issued a final rule to amend the International Traffic in Arms Regulations (ITAR) to add Cambodia to 22 CFR § 126.1(o), and to the list of countries for which it is the policy of the United States to deny licenses and other approvals for exports and imports of defense articles and defense services. It is now the policy of the United States to deny all licenses and other approvals to export and import defense articles and defense services destined for or originating in Cambodia, except as otherwise provided herein.





DDTC Name And Address Changes Posted To Website


Dec. 8, 9, 27, 28 and 29, 2021:  The Directorate of Defense Trade Controls (DDTC) posted the following name and/or address changes on its website at


  • Change in Name from Altran Italia S.p.A. to Capgemini Italia S.p.A. due to corporate rebranding;
  • Change in Address for Dillon Aero Inc., from 8009 East Dillon's Way, Scottsdale, AZ 85260 to 21615 N 7th Avenue, Phoenix, AZ 85027;
  • Change in Name from TMD Technologies Limited to CPI TMD Technologies Limited due to Communications & Power Industries' acquisition of TMD Technologies Limited;
  • Northrop Grumman Integrated Defence Services Pty Limited and Northrop Grumman M5 Network Security Pty Limited were integrated into Northrop Grumman Australia Pty Limited due to corporate reorganization; and
  • Change in Name from LTK 400 Operadores de Logistica Integral S.L.U. to Rhenus LTK Warehousing Solutions S.L.U. due to acquisition by Rhenus Logistics.


Each announcement includes a link to a notice detailing the change and its effects on pending and currently approved authorizations involving the listed entity.




Department of the Treasury, Office of Foreign Assets Control (OFAC)


OFAC Issues General Licenses 17, 18 And 19 For Afghanistan


December 22, 2021: OFAC issued General Licenses 17, 18, and 19 for Afghanistan. General License 17: authorizes all transactions and activities involving the Taliban or the Haqqani Network that are for the conduct of the official business of the United States Government by employees, grantees, or contractors thereof, subject to certain conditions. General License 18: authorizes all transactions and activities involving the Taliban or the Haqqani Network that are for the conduct of the official business of certain international organizations and other international entities by employees, grantees, or contractors thereof, subject to certain conditions. General License 19: authorizes all transactions and activities involving the Taliban or the Haqqani Network that are ordinarily incident and necessary to the following activities by nongovernmental organizations (NGOs), subject to certain conditions: humanitarian projects to meet basic human needs; activities to support rule of law, citizen participation, government accountability, and transparency, human rights and fundamental freedoms, access to information, and civil society development projects; education; non-commercial development projects directly benefitting the Afghan people; and environmental and natural resource protection.


Editor's Note: General Licenses do not override ITAR or EAR obligations that may separately exist for contractors.







OFAC Amends The Weapons of Mass Destruction Trade Control Regulations


December 27, 2021: 86 Fed. Reg. 73105: OFAC has amended the Weapons of Mass Destruction Trade Control Regulations at 31 C.F.R. Part 539 to add a June 28, 2005, Executive Order (E.O. 13382, Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters) as an authority, remove the appendix to the part, and modify three definitions referencing the appendix.




Department of Justice / Alcohol, Tobacco, Firearms, and Explosives (BATFE)


ATF Publishes Revised Explosives List


December 23, 2021: 86 Fed. Reg. 72996: The U.S. Department of Justice's Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) published a revised list of explosives determined to be within the coverage of 18 U.S.C. § 841 et seq. The list covers not only explosives but also blasting agents and detonators, all of which are defined as "explosive materials" in 18 U.S.C. § 841(c). This list supersedes the List of Explosive Materials published in at 85 Fed. Reg. 83999 (Dec. 23, 2020)). The 2021 List of Explosive Materials is a comprehensive list but is not all-inclusive. Accordingly, the fact that an explosive material is not on the annual list does not mean that it is not within the coverage of the law if it otherwise meets the statutory definition of "explosives" in 18 U.S.C. § 841. Subject to limited exceptions in 18 U.S.C. § 845 and 27 C.F.R. § 555.141, only Federal explosives licensees and permittees may possess and use explosive materials, including those on the annual list.


Editor's Note: Importers of explosives should review the revised list to confirm if the explosives they import have been added to the revised list or deleted from the revised list.






The Governments Of The United States, Australia, Denmark And Norway Pledge To Prevent The Proliferation Of Software And Other Technologies Used To Enable Serious Human Rights Abuses


December 10, 2021: The Governments of the United States, Australia, Denmark, and Norway issued a joint statement to commit to working to establish a voluntary, nonbinding written code of conduct around which like-minded states could politically pledge to use export control tools to prevent the proliferation of software and other technologies used to enable serious human rights abuses. The Governments also agreed to consult with industry and academia in regards to these efforts.


China Publishes White Paper Titled "China's Export Controls"


December 29, 2021: The State Council Information Office of the People's Republic of China published a white paper titled "China's Export Controls" to give a full picture of related policies and help the international community better understand its position. The full text of the White Paper can be found at:'s-Export-Controls.pdf and



This section of our newsletter provides information on the latest sanctions, fines, and penalties for export violations or matters of non-compliance with the ITAR or EAR issued by the US government enforcement agencies. It is provided as a service to exporters and associates of FD Associates to remind them of the importance of extreme due diligence in all international trade and export compliance matters, particularly those involving exports subject to the ITAR or the EAR. Don't let this happen to you or your company! Call us with questions or concerns at 703-847-5801 or email





Department of Commerce, Bureau of Industry And Security (BIS)


December 3, 2021: 86 Fed. Reg. 69003 – 69008: BIS has issued orders denying export privileges of the following six individuals:

  • Hector Mario Delgado-Lerma, until May 14, 2026;
  • Marco Antonio Sanchez, until June 16, 2025;
  • Nereyda Carrillo-Montes, until April 24, 2024;
  • Ali Kourani, until December 3, 2029;
  • Douglas Glover, until Until April 8, 2029; and
  • Nicky Lee Quiroz, until September 19, 2029.




Department of the Treasury, Office of Foreign Assets Control (OFAC)


December 2, 2021: OFAC has determined, in consultation with the Department of State, that the Ministry of Finance of the Republic of Belarus and the Development Bank of the Republic of Belarus are political subdivisions, agencies, or instrumentalities of the Government of Belarus, and that the following activities by U.S. persons or within the United States are prohibited, except to the extent provided by law or unless licensed or otherwise authorized by OFAC: all transactions in, provision of financing for, and other dealings in new debt with a maturity of greater than 90 days issued on or after December 2, 2021, by the Ministry of Finance of the Republic of Belarus or the Development Bank of the Republic of Belarus. All other activities with the Ministry of Finance of the Republic of Belarus and the Development Bank of the Republic of Belarus, or involving their property or interests in property, are permitted, provided such activities are not otherwise prohibited pursuant to the Order, any Executive order issued pursuant to the national emergency declared in Executive Order 13405 of June 16, 2006, "Blocking Property of Certain Persons Undermining Democratic Processes or Institutions in Belarus," or any other sanctions program implemented by the Office of Foreign Assets Control. Except to the extent otherwise provided by law or unless licensed or otherwise authorized by the Office of Foreign Assets Control, the following are also prohibited: (1) any transaction that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate any of the prohibitions contained in this Directive; and (2) any conspiracy formed to violate any of the prohibitions in this Directive.


OFAC has issued Belarus General License 5, "Authorizing the Wind Down of Transactions Involving Open Joint Stock Company Belarusian Potash Company or Agrorozkvit LLC."

December 2, 2021: OFAC has published ten new Frequently Asked Questions regarding the Belarus sanctions (FAQ 939FAQ 940FAQ 941FAQ 942FAQ 943FAQ 944FAQ 945FAQ 946FAQ 947, and FAQ 948), and updated Frequently Asked Question 918.


OFAC updated the SDN list regarding changes to the Belarus sanctions.


OFAC Adds 15 Individuals From Iran, Syria And Uganda To Its Specially Designated Nationals List 


December 7, 2021: OFAC added 15 individuals from Iran, Syria, and Uganda to its Specially Designated Nationals (SDN) list on allegations of "serious human rights abuse and repressive acts targeting innocent civilians, political opponents, and peaceful protestors." The 15 individuals are:


AL-HASOURI, Muhammad Yousef, of Syria KANDIHO, Abel, of Uganda KHODADADI, Soghra, of Iran
AL-HASSAN, Kamal, of Syria KARAMI, Hassan, of Iran SAFDARI, Masoud, of Iran
AZAMI, Seyed Reza Mousavi, of Iran KARAMI, Mohammad, of Iran SALAMEH, Adeeb Namer, of Syria
EBRAHIMI, Mohsen, of Iran KHADOUR, Tawfiq Muhammad, of Syria VASEGHI, Leila, of Iran
HEMMATIAN, Ali, of Iran KHALIL, Qahtan, of Syria SOLEIMANI, Gholamreza, of Iran


OFAC also designated four entities the Department of State identified as "responsible for certain gross violations of human rights in Iran." The four entities are:




OFAC Updates SDN List Targeting 16 Individuals And 24 Entities Across Several Countries In Europe And The Western Hemisphere


December 8, 2021: OFAC Updates SDN List targeting 16 individuals and 24 entities across several countries in Europe and the Western Hemisphere pursuant to Executive Order (E.O.) 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act, and targets perpetrators of corruption and serious human rights abuse. The individuals and entities are:


Zvonko Veselinovic  Sinisa Nedeljkovic Nautikacentar D. O. O. of Croatia Sinisa Nedeljkovic B.I., P.T.P. Metal of Kosovo
Milan Rajko Radojcic  Radule Stevic DOO Rad 028 Zvecan of Serbia P.P.Robna Kuca Metal B.I. of Kosovo
Zeljko Bojic Inkop DOO Cuprija (Inkop) of Serbia Radule Stevic B.I., P.T.P. Rad of Serbia Farma Izvori B.I. of Kosovo
Marko Rosic Civija Komerc of Serbia Rad D.O.O. of Kosovo Robna Kuca Metal D.O.O. of Kosovo
Andrija Zheljko Bojic


S.Z.T.R. Prizma B.I. of Kosovo Markom Metal Commerce DOO Zvecan of Serbia Sinisa Nedeljkovic I.B. of Kosovo
Srdjan Milivoje Vulovic


Ferari Preduzeee Za Usluge I Promet Polovnim Vozilima SH.A of Kosovo Metal-Robna Kuca of Serbia Radovan Radic B.I. of Kosovo
Milan Mihajlovic


Betonjerka DOO Aleksinac of Serbia DOO MM Kom Inter Blue Donji Jasenovik of Serbia Osiris Luna Meza
Miljan Radisavljevic Dolly Bell DOO Beograd-Novi Beograd of Serbia P.P. Babudovac B.I. of Kosovo Carlos Amilcar Marroquin Chica
Miljojko Radisavljevic  Novi Pazar-Put D.O.O. Novi Pazar of Serbia DOO Babudovac Brnjak of Serbia Alma Yanira Meza Olivares
Radovan Radic  Zarko Veselinovic B.I., S.T.R. Kristal of Kosovo Garac Inzenjering OOD of Bulgaria Zharko Jovan Veselinovic


December 9, 2021:  OFAC sanctions two individuals in El Salvador and Guatemala pursuant to Executive Order (E.O.) 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of corruption and serious human rights abuse. The Government officials were sanctioned related to suspicious procurement, directing suspicious pandemic-related purchases, reselling personal protective equipment and other medical aid at a significant markup and for personal gain, and/or for favoring companies where family members were officers. and


December 9, 2021: OFAC designates fifteen individuals and entities across several countries in Central America, Africa, and Europe. Today's actions are taken pursuant to Executive Order (E.O.) 13818, which builds upon and implements the Global Magnitsky Human Rights Accountability Act and targets perpetrators of corruption and serious human rights abuse. The individuals and entities are:


Martha Carolina Recinos De Bernal Cochan Holdings LLC Andriy Portnov Fund
Manuel Victor Martinez Olivet Geni SARL Leopoldino Fragoso do Nascimento
ARC Resources Corporation Limited Geni Novas Tecnologias S.A. Manuel Helder Vieira Dias Junior
Winners Construction Company Limited (Winners) Baia Consulting Limited Cochan S.A.
Prince Yormie Johnson Andriy Portnov Luisa De Fatima Giovetty


OFAC Issues General License 16 For Afghanistan


December 10, 2021: OFAC issued General License 16 for Afghanistan, which authorizes non-commercial, personal remittances to Afghanistan, including through Afghan depository institutions. Noncommercial, personal remittances do not include charitable donations of funds to or for the benefit of an entity or funds transfers for use in supporting or operating a business, including a family-owned business.


OFAC Adds Sensetime Group Limited Of Hong Kong To The Non-SDN List


December 10, 2021: Effective February 8, 2022, OFAC is adding Sensetime Group Limited of Hong Kong to the Non-SDN List for Chinese Military-Industrial Complex Companies per Executive Order 13959.



OFAC Designates Ali Darassa (Darassa) Of The Central African Republic


December 17, 2021, 86 Fed. Reg. 71557-71568: OFAC designated Ali Darassa (Darassa) for serious human rights abuses stemming from his leadership of the Central African Republic (CAR) based militia group, Union for Peace in the Central African Republic (UPC) pursuant to Executive Order (E.O.) 1366. and


OFAC Designates Members Of A Brazil-based Network Of Al-Qa'ida-Affiliated Individuals And Their Companies


December 17, 2021, 86 Fed. Reg. 71557-71568:  OFAC designated members of a Brazil-based network of al-Qa'ida-affiliated individuals and their companies for providing support to the terrorist group. OFAC targeted three individuals and two entities, including al-Qa'ida operative in Brazil Haytham Ahmad Shukri Ahmad Al-Maghrabi (Al-Maghrabi), as Specially Designated Global Terrorists pursuant to Executive Order (E.O.) 13224, as amended. and


OFAC Identifies Eight Chinese Technology Firms Pursuant To Executive Order (E.O.) 13959, As Amended By E.O. 14032


December 16, 2021: OFAC identified eight Chinese technology firms pursuant to Executive Order (E.O.) 13959, as amended by E.O. 14032. These eight entities actively support the biometric surveillance and tracking of ethnic and religious minorities in China, particularly the predominantly Muslim Uyghur minority in Xinjiang. As a result of this action, U.S. persons will be prohibited from purchasing or selling certain publicly traded securities connected with these entities, as described in E.O. 13959, as amended. The entities identified today are:

  • Cloudwalk Technology Co., Ltd.;
  • Dawning Information Industry Co., Ltd.;
  • Leon Technology Company Limited;
  • Megvii Technology Limited;
  • Netposa Technologies Limited;
  • SZ DJI Technology Co., Ltd.;
  • Xiamen Meiya Pico Information Co., Ltd.; and
  • Yitu Limited.


Fines and Penalties


December 8, 2021: OFAC settles with an unnamed individual for $133,860 for apparent violations of Iranian Transactions and Sanctions Regulations. A natural U.S. person ("U.S. Person-1") has agreed to pay $133,860 to settle their potential civil liability for apparent violations of the Iranian Transactions and Sanctions Regulations. The apparent violations were committed between February 2016 and March 2016 when the U.S. Person accepted payment in the United States on behalf of an Iran-based company selling Iranian-origin cement clinker to another company for a project in a third country.




December 13, 2021: Shawn Sabi, 53, of Atlanta, was sentenced to 19 months in prison after pleading guilty to Submitting False or Misleading Export Information for attempting to conceal firearms in overseas shipments of household goods. Sabi also was ordered to serve two years of supervised release after completion of his prison sentence.




December 15, 2021: Jose Rafael Vasquez, a 64-year-old Dallas resident been ordered to federal prison for attempting to export firearms, firearm magazines, and thousands of rounds of ammunition to Mexico. Mr. Vasquez was sentenced to 63 months in federal prison and a three-year term of supervised release.




December 16, 2021: A South Dakota man was arrested on criminal charges related to his alleged espionage attempts. John Murray Rowe Jr., 63, of Lead, allegedly attempted to provide classified national defense information to the Russian government. Rowe was employed for nearly 40 years as a test engineer for multiple cleared defense contractors. In connection with his employment, Rowe held various national security clearances from SECRET to TOP SECRET//SCI (Sensitive Compartmented Information) and worked on matters relating to the U.S. Air Force's aerospace technology, among other things. After committing a number of security violations and revealing a fervent interest in Russian affairs, including whether he could obtain a security clearance from the Russian government, Rowe was identified as a potential insider threat and terminated from employment.




December 17, 2021: Jorge Orencel, age 65, of Silver Spring, Maryland, pleaded guilty to federal charges of attempting to smuggle ionization chambers and fission chambers for use in gas-filled nuclear radiation detectors out of the United States without the required export license. Orencel owned and operated Sumtech, an export business located in Fulton, Maryland. Orencel faces a maximum sentence of 10 years in prison for attempted smuggling of the referenced goods.




December 21, 2021: Ye Sang "Ivy" Wang, a former U.S. Navy sailor who was a Logistics Specialist First Class assigned to the Naval Special Warfare Command, was sentenced to 30 months in custody and ordered to pay a $20,000 fine for conspiring with her husband and co-defendant, Shaohua "Eric" Wang, to illegally export sensitive military equipment to China for profit. Eric Wang pleaded guilty on September 26, 2019, admitting that he illegally sold export-controlled U.S. military equipment to China through his online business and that he enlisted his wife to use her Navy position to purchase the equipment for resale.




December 23, 2021: OFAC reached a $115,000 settlement with TD Bank NA involving apparent violations of OFAC's sanctions against individuals and North Korea. The apparent violations were voluntarily self-disclosed and were non-egregious. In one case, TD Bank NA processed transactions and maintained accounts on behalf of employees of the North Korean mission to the United Nations without a license from OFAC. In the second case, the bank maintained accounts for a U.S. resident who was listed on OFAC's list of "Specially Designated Nationals and Blocked Persons.