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US Related Items and Policy

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The US Treasury Departmentā€™s Office of Foreign Assets Control (ā€œOFACā€), the US Department of Stateā€™s Directorate of Defense Trade Controls (ā€œDDTCā€), and the US Department of Commerceā€™s Bureau of Industry and Security (ā€œBISā€) have announced increases in the maximum civil monetary penalties (ā€œCMPsā€) that may be imposed for violations of OFAC sanctions programs, the International Traffic in Arms Regulations, and the Export Administration Regulations (ā€œEARā€), respectively. The new maximum penalty amounts come into effect on August 1, 2016.

On 3 June 2016, the U.S. Commerce Departmentā€™s Bureau of Industry and Security (ā€œBISā€) published a Final Rule (the ā€œBIS Final Ruleā€) revising a number of definitions in the Export Administration Regulations (ā€œEARā€). BIS also posted new Frequently Asked Questions related to this rule. Concurrently, the U.S. Department of State published an Interim Final Rule (the ā€œState Interim Ruleā€ and, collectively with the BIS Final Rule, the ā€œJune 2016 Rulesā€) revising several definitions in the International Traffic in Arms Regulations (ā€œITARā€). The June 2016 Rules will go into effect on 1 September 2016. The State Department will accept comments on the State Interim Rule until 5 July 2016.

On Thursday, December 31, 2015, the US Treasury Departmentā€™s Office of Foreign Assets Control (ā€œOFACā€) issued theĀ Cyber-Related Sanctions Regulations, 31 C.F.R. Part 578 (ā€œRegulationsā€), which implementĀ Executive Order 13694Ā of April 1, 2015 (ā€œBlocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activitiesā€ or the ā€œCyber EOā€). Our prior blog post on the Cyber EO is availableĀ here. The Regulations implement the restrictions on transactions involving parties designated as Specially Designated Nationals (ā€œSDNsā€) under the Cyber…