American Trade & Manufacturing Blog

Tessa Capeloto

Tessa Capeloto

Tessa Capeloto assists clients with a variety of international trade matters, including antidumping and countervailing duty proceedings, anti-money laundering, sanctions, and compliance matters. She also counsels clients on Defense Security Services (DSS) matters, including Foreign Ownership, Control, or Influence (FOCI) mitigation, and the Foreign Agents Registration Act (FARA).

 
tcapeloto@wileyrein.com

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OFAC Amends Cuba Regulations to Encourage Further Engagement Between the United States and Cuba

Posted in Export Controls
On March 15, 2016, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) announced changes to its Cuban Assets Control Regulations (CACR), which aim to improve the lives of the Cuban people and encourage more active engagement between the United States and Cuba, while at the same time limiting any benefits to… Continue Reading

OFAC Facilitates Authorized Exports and Reexports to Cuba

Posted in Economic Sanctions
On January 27, 2016, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced new amendments to the Cuban Assets Control Regulations (CACR), further liberalizing U.S. trade relations with Cuba. Among these amendments include easing restrictions on the payment and financing terms for authorized exports/reexports to Cuba. Specifically, prior to the issuance of OFAC’s… Continue Reading

Treasury Publishes List of Boycotting Countries

Posted in Compliance
The U.S. Department of the Treasury (Treasury) periodically publishes an official boycott list to alert the public to those countries that require or may require participation in, or cooperation with, an international boycott. On January 27, 2016, Treasury published its current list of boycotting countries, which includes: Iraq, Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria,… Continue Reading

Wiley Rein Publishes Updated Version of its DSS and FOCI Issues Handbook

Posted in Announcements
This week, Wiley Rein’s International Trade practice published an updated version of its Defense Security Service (DSS) and Foreign Ownership Control or Influence (FOCI) Issues Handbook, which reviews the rules that ensure that persons and entities with access to classified or sensitive information comply with industry safeguards for protecting such information. Pursuant to the Department of… Continue Reading

The National Emergency Related to Transnational Criminal Organizations Extended Another Year

Posted in Economic Sanctions
On July 21, 2015, President Obama announced a one year extension of the national emergency declared in Executive Order 13581 (July 24, 2011), with respect to transnational criminal organizations (TCOs) as a means to address the “unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the… Continue Reading

FOCI Mitigation 101

Posted in National Security
Under Department of Defense (DoD) regulations and policies, government contractors that are owned or controlled by non-U.S. parties will not be awarded contracts that require access to classified information, unless safeguards are put in place. While the DoD recognizes that foreign investment in the U.S. defense industry may, in fact, serve national security interests, U.S.… Continue Reading

ITC Invites Companies to Participate in Study on Effects of U.S. Restrictions on Trade With and Travel to Cuba

Posted in Economic Sanctions, Trade Remedies
On January 30, 2015, the U.S. International Trade Commission (ITC), an independent, nonpartisan, fact-finding federal agency, launched an investigation to examine the economic effects on exports of U.S. goods and services on trade with and travel to Cuba.  This investigation is in direct response to a request received by the U.S. Senate Committee on Finance… Continue Reading

New Dumping Case Filed Against Silicomanganese Imports from Australia

Posted in Trade Remedies
On February 18, 2015, Feldman Production LLC (Feldman), a West Virginia manufacturer of silicomanganese, filed petitions with the Department of Commerce (Commerce) and the International Trade Commission (ITC) alleging that Australian producers are selling silicomanganese in the United States at dumped prices.  Silicomanganese from India, Kazakhstan, Venezuela, China, and Ukraine is already subject to antidumping… Continue Reading

OFAC Amends Sudanese Sanctions Regulations on Personal Communications

Posted in Economic Sanctions, Export Controls
Effective February 18, 2015, the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC) published a series of amendments to its Sudanese Sanctions Regulations (SSR), 31 C.F.R. Part 538, permitting the export or reexport of certain services, software, and hardware incident to personal communications to or in Sudan.  These amendments were issued in conjunction… Continue Reading

OFAC Eases Restrictions on Credit and Debit Card Use in Cuba, Imports, and Third-Country Effects

Posted in Export Controls
On January 16, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced the issuance of the agency’s eagerly anticipated amendments to the Cuban Assets Control Regulations (CACR), which are designed “to increase people-to-people contact, support civil society in Cuba, enhance the free flow of information to, from, and among the Cuban people, and… Continue Reading

Jail Time Handed Down for Zimbabwe Lobbyists

Posted in Economic Sanctions, National Security
Two individuals were recently charged and sentenced for violating U.S. sanctions against Zimbabwe and the Foreign Agents Registration Act (FARA), underscoring the potential legal risks associated with engaging in business activities with foreign entities that are subject to U.S. economic sanctions.  It also highlights the dangers of failing to register under the little-known FARA. On Tuesday,… Continue Reading

FinCEN Issues Guidance on Updated FATF List of High-Risk and Non-Cooperative Jurisdictions

Posted in Anti-Money Laundering
On November 12, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) released an advisory of the Financial Action Task Force (FATF), which identified jurisdictions with anti-money laundering (AML) and combatting the financing of terrorism (CFT) deficiencies.  FATF, an inter-governmental policy-making body that develops and promotes policies to combat money laundering and terrorist financing,… Continue Reading

FinCEN Clarifies that Anti-Money Laundering Rules Apply to Virtual Currencies

Posted in Anti-Money Laundering
Companies involved in virtual currency business must consider anti-money laundering compliance.  Dealing in virtual currencies, like Bitcoin, could trigger obligations under the Bank Secrecy Act (BSA), such as the duty to report suspicious activity. This week, the U.S. Department of Treasury’s Financial Crimes Enforcement Network (FinCEN) determined that, in two cases, businesses dealing in virtual… Continue Reading

The Foreign Agents Registration Act: A Trap for the Unwary

Posted in CFIUS, National Security
The Foreign Agents Registration Act (FARA), enacted in 1938 and administered by the FARA Registration Unit of the Counterespionage Section in the National Security Division of the Department of Justice (DOJ), is a little known requirement, statingthat all persons acting as an “agent of a foreign principal” must register with DOJ, unless an exception applies. … Continue Reading
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