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Advocate General Gerard Hogan s Opinion on EU-US Sanctions Dilema

Wednesday, May 26, 2021 In May 2018 the United States announced the reinstitution of sanctions against Iran that had previously been lifted pursuant to the Joint Comprehensive Plan Action (“JCPOA”).[1] The U.S. sanctions on Iran that were revived by the U.S. action in 2018 include many that apply extraterritorially.  Moreover, U.S. law allows the government to impose sanctions on non-U.S. persons (such as European companies) if the U.S. Treasury Department makes a finding that the non-U.S. person has provided goods or services in support of a Specially Designated National of Iran (such as Bank Melli Iran). In November 2018 the German branch of Bank Melli Iran was notified by Telekom Deutschland GmbH that it was terminating its contract for telecommunication services to the Bank.  Bank Melli responded to the termination by filing a lawsuit in Germany,

United States: Commerce extends military-intelligence end-use and end user controls to Burma

On April 9, 2021, the US Commerce Department’s Bureau of Industry and Security (BIS) strengthened restrictions targeting Burma by adding Burma to the list of countries subject to the Export Administration Regulations’ (EAR’s) military-intelligence end-use and end-user controls and controls on certain support activities by US persons (“Interim Final Rule“). These controls were first issued on January 15, 2021 (“January Rule“), and became effective March 16, 2021. Our blog posts on other recent sanctions targeting Burma in response to the Burmese military’s coup are available here and here.

New U S Sanctions Effectively Ban Burmese Gems

Share The U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) has placed Myanma Gems Enterprise on its Specially Designated National list which means the vast majority of Burmese rubies, jade, and other gems cannot be purchased by U.S. companies. Myanma Gems Enterprise also known as Myanmar Gems Corp. and Myanmar Gems Enterprise is a subdivision of the government’s ministry of mines and is “responsible for all gemstone activities in Burma,” according to a statement from the Treasury Department. It also organizes the local emporiums and sales where rubies and jade are sold, including one currently taking place in the country’s capital, Naypyitaw. (The company did not respond to a request for comment submitted via its Facebook page.)

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