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US Export Control, Sanctions & Solutions

export alan

US Export Control, Sanctions & Solutions

Reform of U.S. export controls that began in 2013 has increased the profile and responsibilities for the Department of Commerce’s Bureau of Industry and Security (which administers the Export Administration Regulations). Among its new duties, BIS now has oversight for certain items previously controlled by the Department of State’s Directorate of Defense Trade Controls (which administers the International Traffic in Arms Regulations), referred to as “600 series items.” Although BIS ostensibly has chief responsibility for these items, overlap between the regimes remains that can ensnare unwitting exporters. In some scenarios, U.S. exporters may require separate licenses from BIS and DDTC, one to export and another train customers on the item. 

Usually, exporters of 600 series items may rely on the license exception found in the EAR at 15 C.F.R. 740.13 to train customers on exported items. This exception permits provision of “operation technology,” defined as the minimum technology necessary for the installation, operation, maintenance (checking), or repair of those commodities or software that are lawfully exported. When instruction implicates “defense services,” however, ITAR trumps the EAR exception and exporters must obtain a separate license from DDTC, even with a BIS license already in hand. 

ITAR requires DDTC authorization to provide defense services to non-U.S. persons. Although chiefly limited in scope to defense articles, the definition of “services” includes any military training of foreign units regardless of whether the training involves a defense article, whether the units are regular or irregular, and whether the training is formal or informal, remote or in person. 22 C.F.R. 120.32(a)(3). USML Category IX(e)(3) further confirms DDTC’s jurisdiction over licensing in these situations by including “Military training not directly related to defense articles or technical data enumerated in this subchapter.”

As with the EAR license exception for training, the USML contains a license exception permitting training on exported items—but that exception only authorizes training for defense articles. 22 C.F.R. 124.2. The dueling license exceptions in the EAR and USML therefore produce an unexpected gap: an exporter of a 600 series item to a foreign military must obtain separate licenses from BIS and DDTC for export and training, respectively. 

Exporters of 600 series items can take steps to ensure they do not become a cautionary tale. Exporters can conduct ECCN audits to confirm exported items are properly classified, review customer lists to ensure DDTC jurisdiction does not exist, and file voluntary self disclosures where necessary. Export control policies and procedures can be reviewed and tailored to the specific needs and demands of the company and specifically identify items or services that deserve greater attention and care. Most important, however, is documenting your compliance efforts to create a record of the company’s good-faith in complying with U.S. export control law. 

Author Bio

Thomas Slattery is a partner in Jones Walker’s Litigation Practice Group. He focuses on internal corporate investigations and compliance matters.

CRE

What It Will Take To Revitalize U.S. Commercial Real Estate (CRE) In 2023

As summer slides into fall this year and children can still be chastened by the prospect of going back to school, the parallel tradition of going back to the office is more different now, for more people, than ever before.

In the arena of commercial real estate (CRE), those who understood and embraced the desired workplace trends that existed prior to the start of COVID-19, and have since greatly accelerated due to the pandemic, will be the ones who position themselves – and their stakeholders – ahead of the curve.

To many, the landscape looks bleak – According to a recent report from Capital Economics, commercial real estate values have cratered by up to 40 percent in some cities. The tech office hubs that have benefited from the greatest value run-ups over the last decade have seen value decreases certainly in excess of 40%.

While many point to the pandemic-induced lockdowns that led to massive increases in ‘working from home’ as the root cause and main impetus behind urban office downsizing, plenty of other factors are at play.

Among the negatives are the increasing costs and logistical challenges of raising a family, the alleged ‘ease of doing business’ in the era of the Internet of Things (IoT), the breakdown of law and order in urban landscapes, and very importantly, the sterility of traditional office and retail store environments; think partitions, terminals, little natural light, and no view. The post-pandemic rise in interest rates and escalating inflation only add to the difficulties of keeping downtown work an attractive option.

And let’s face it – At first glance, San Francisco could be seen as a poster child for CRE disillusionment in America.

Let’s look at, for example, the significant downtick in the city’s travel and tourism space – An announcement was recently published by a major hotel operator suggesting that it was ceasing payments on a $725 million loan on two of its downtown hotels. There are further reports that a commodity downtown office building that was valued in the mid $700 /square foot (sf) 24 months ago has traded hands at values of $150-250/sf.

But San Francisco is hardly the only U.S. city facing massive declines in the value of downtown office space. One only has to look at the public sector office REIT values, which are down 47% since year-end 2021. The REIT sector is now trading at an implied cap rate of 9.2%. Private market values are a bit more opaque than the public sector, but the two trend surprisingly close during periods of rapid transition.

When borrowing costs triple over a 12 month period, one should expect to see a dislocated CRE market across all asset types – this is precisely the case today.

Just last month, The Atlantic reported that U.S. office vacancy had topped 20 percent for the first time in decades during the first quarter of 2023. Vacancy rates were as high as 25 percent in San Francisco, Dallas, and Houston. The actual availability rates are much higher when sublease space is factored into the stats.

Worse, actual office use was still below 50 percent of pre-COVID levels in the nation’s ten largest business districts, with white-collar workers spending an estimated 28 percent of their workdays at home.

And with a third of all office leases expiring by 2026, things could quickly get much worse for city budgets, banks, and pensioners.

Yet while many espouse ‘doom and gloom’ in the industry, the intrepid have always found opportunity – Amid turmoil, our innovative, Western US-based commercial real estate platform sees a clearly defined silver lining.

Drawing on four decades of capitalizing on bearish, even hyper-bearish commercial real estate (CRE) markets, we envision one of the most favorable CRE buying opportunities over the next 18 months and beyond, not seen since the RTC days of the early 90’s.

SteelWave has always focused on Western US markets with a heavy orientation in tech industries. In fact, our market footprint includes headquarters for 15 of the 20 largest tech companies in the world, and 6 of the top 6. Our markets house the innovation workforce that is the backbone of traditional tech, media tech, biotech, defense tech and creative tech.

Today’s tech companies are driven by fully integrated teams, with engineers and marketing experts collaborating side by side. The challenge, however, lies in luring home-bound workers back to the “hive” – It is no coincidence that analysts are seeing long-term work-from-home solutions as link to a significant dip in productivity, when measured against the pre-COVID productivity trend line.

In many businesses, there is a clarion call for change in the workplace. Our experience tells us that bringing workers back to a shared workplace requires changing the environment to meet the new reality and collaborative work-best practices of 2023.

The best way to accomplish this is to create a collaborative, creative, and joyful work environment, with all the modern amenities at hand – more like a high-end hotel. The best workplaces are in buildings that have ‘good bones’ – soaring ceilings and open spaces that can be transformed into livable environments.

Our stakeholders view commercial real estate as a strategic asset that they can brand around, as opposed to a cost center. The secret sauce blends hospitality and residential design elements to deliver a work environment that promotes innovation and creativity, as opposed to drudgery and boredom.

To accommodate for these changes, SteelWave has integrated elements of hospitality and residential design into our properties, including next-generation amenities such as fitness and wellness centers, curated food and beverage options that speak to the culture of the surrounding neighborhoods, tenant community indoor/outdoor spaces and state of the art conference facilities. All these enhancements serve to lure quality workers out of their home offices, and into the creative hubs that provide social and professional collaboration and energy.

It may take a few election cycles for cities to fully respond to some of the self-inflicted social challenges, negative perceptions, and the resulting loss of revenues from downtown real estate that no longer serves the needs or wants of modern-day high-tech and other innovative industries; however, we see green sprouts that the trend line is moving in the right direction.

True urban downtown renewal, though, will require the will to recreate safe spaces within which innovative real estate developers can encourage employers and housing providers to capitalize on the lowered property values to redesign facilities today, to meet tomorrow’s needs.

CRE isn’t the only asset class that is undergoing a rapid transition – The world of digital securities is transitioning at an equally frenetic pace from the standpoint of regulatory oversight, custodial infrastructure and most importantly, market adoption. All of this is ushering in a brave new world of fractional asset ownership – the democratization of all sorts of asset classes, not just CRE.

Think in terms of a convergence of blockchain-enabled ownership solutions and institutional asset ownership. SteelWave saw an opportunity to take a leadership position in this convergence.

SteelWave has created an investment vehicle that allows institutional investors the option to convert their traditional LP interest into digital securities at a future date when the digital ecosystem has matured to a level where it can provide the potential of seamless secondary liquidity.

As one of the leaders in this space, we have had to work through a great deal of regulatory, compliance and tax related complexities relating to both the GP and our institutional investors. This vehicle has been embraced primarily by foreign investors, those who want to invest in US institutional RE and those who have a bit more progressive view on tomorrow’s world of capital markets.

The U.S. regulatory environment is at least five years behind the curve in creating a conducive playing field for digital security offerings – who can and can’t own them, who can and can’t sell them, and who can and can’t provide custodial services. This lethargy is partly because multiple industries heavily invested in our current system are not welcoming competitors whose instruments require far less paperwork, and can move money across multiple investments in a far shorter timeframe.

But make no mistake – with a necessary and common sense realignment, the potential for American urban reinvestment in CRE, both physical and digital, is boundless.

SteelWave believes that the time is right to marry the current opportunity to acquire transformative CRE in a dislocated market to the digital universe that is rapidly maturing into an institutional force.

april

 Chocolate and Confectionery Import in United States Drops to $430M in April 2023

U.S. Chocolate And Confectionery Imports

In April 2023, approximately 92K tons of chocolate and confectionery were imported into the United States; dropping by -6.3% against the month before. Over the period under review, imports, however, recorded a relatively flat trend pattern. The most prominent rate of growth was recorded in March 2023 when imports increased by 21% month-to-month.

In value terms, chocolate and confectionery imports contracted to $430M (IndexBox estimates) in April 2023. The total import value increased at an average monthly rate of +1.1% over the period from April 2022 to April 2023; the trend pattern indicated some noticeable fluctuations being recorded throughout the analyzed period. The pace of growth appeared the most rapid in March 2023 when imports increased by 23% against the previous month.

Imports by Country

In April 2023, Canada (32K tons) constituted the largest chocolate and confectionery supplier to the United States, with a 35% share of total imports. Moreover, chocolate and confectionery imports from Canada exceeded the figures recorded by the second-largest supplier, Mexico (13K tons), threefold. The third position in this ranking was taken by Cote d’Ivoire (8.9K tons), with a 9.7% share.

From April 2022 to April 2023, the average monthly growth rate of volume from Canada was relatively modest. The remaining supplying countries recorded the following average monthly rates of imports growth: Mexico (-2.7% per month) and Cote d’Ivoire (+2.8% per month).

In value terms, Canada ($160M) constituted the largest supplier of chocolate and confectionery to the United States, comprising 37% of total imports. The second position in the ranking was taken by Mexico ($52M), with a 12% share of total imports. It was followed by Cote d’Ivoire, with a 7.1% share.

From April 2022 to April 2023, the average monthly growth rate of value from Canada was relatively modest. The remaining supplying countries recorded the following average monthly rates of imports growth: Mexico (+0.7% per month) and Cote d’Ivoire (+2.8% per month).

Import Prices by Country

In April 2023, the chocolate and confectionery price amounted to $4,698 per ton (CIF, US), standing approximately at the previous month. Over the period from April 2022 to April 2023, it increased at an average monthly rate of +1.0%. The most prominent rate of growth was recorded in September 2022 when the average import price increased by 6.4% month-to-month. As a result, import price attained the peak level of $4,796 per ton. From October 2022 to April 2023, the average import prices remained at a lower figure.

Prices varied noticeably by the country of origin: the country with the highest price was Germany ($6,366 per ton), while the price for Cote d’Ivoire ($3,436 per ton) was amongst the lowest.

From April 2022 to April 2023, the most notable rate of growth in terms of prices was attained by Ghana (+3.6%), while the prices for the other major suppliers experienced more modest paces of growth.

Source: IndexBox Market Intelligence Platform 

bottled

Bottled Water Market Entry Strategy for the United States

Entering the bottled water market in the United States requires a well-planned strategy that takes into account various factors such as market demand, competition, regulatory requirements, and trade show participation. This guide aims to provide an overview of the successful market entry strategy for bottled waters in the United States, along with official data sources, help from authorities, and a list of relevant trade shows and exhibitions.

Market Overview

The bottled water market in the United States is a highly competitive and growing industry. With increasing health consciousness, changing consumer preferences, and concerns about tap water quality, bottled water has gained popularity among Americans. According to official data sources such as the U.S. Environmental Protection Agency (EPA) and the International Bottled Water Association (IBWA), the consumption of bottled water in the United States has been steadily increasing over the years.

It is crucial to understand the market dynamics, consumer behavior, and trends in order to develop a successful entry strategy. Market research reports, such as those available on the IndexBox market intelligence platform, can provide valuable insights into market size, growth rates, key players, and consumer preferences.

Regulatory Requirements

Before entering the bottled water market in the United States, it is essential to comply with regulatory requirements set by authorities such as the Food and Drug Administration (FDA) and the EPA. These regulations ensure the safety and quality of bottled water products. The FDA provides guidelines on labeling, product standards, and manufacturing practices, while the EPA sets quality standards for bottled water sources.

Seeking help from authorities such as the FDA and the EPA can provide guidance and ensure compliance with regulations. Their official websites offer resources, FAQs, and contact information for assistance.

Market Entry Strategy

Developing a successful market entry strategy involves thorough planning and execution. Here are some key steps to consider:

1. Market Research:

Conduct comprehensive market research to understand the current competitive landscape, consumer preferences, pricing trends, and distribution channels. Utilize official data sources such as the IBWA, the U.S. Census Bureau, and industry reports from reputable market research firms.

2. Product Differentiation:

Create a unique selling proposition by differentiating your bottled water product from competitors. This can be achieved through factors such as water source, filtration process, packaging, or added benefits.

3. Distribution Strategy:

Develop a robust distribution strategy to ensure your product reaches the target market effectively. Consider partnering with established distributors or retailers with a strong presence in the bottled water market.

4. Marketing and Branding:

Invest in marketing and branding activities to create brand awareness and establish a strong presence in the market. Utilize digital marketing strategies, social media platforms, and influencer collaborations to reach a wider audience.

5. Pricing Strategy:

Analyze the pricing trends in the bottled water market and determine a competitive yet profitable pricing strategy. Consider factors such as production costs, packaging expenses, and desired profit margins.

6. Regulatory Compliance:

Ensure compliance with FDA and EPA regulations by carefully following their guidelines on labeling, product standards, and manufacturing practices. Seek assistance from authorities to ensure adherence to all regulatory requirements.

7. Trade Shows and Exhibitions:

Participating in trade shows and exhibitions can provide an excellent platform to showcase your bottled water products, network with industry professionals, and gain visibility. Here is a list of some major trade shows and exhibitions in the United States: International Bottled Water Association (IBWA) Annual Business Conference & Trade Show BevNET Live Natural Products Expo West National Association of Convenience Stores (NACS) Show Wine & Spirits Wholesalers of America (WSWA) Convention & Exposition Sweets & Snacks Expo Attending these events will provide valuable insights into the industry, competition, and consumer trends. It is an opportunity to connect with potential buyers, distributors, and industry experts.

Conclusion

Entering the bottled water market in the United States requires thorough planning, market research, and compliance with regulatory requirements. By understanding the market dynamics, consumer preferences, and competition, businesses can develop a successful market entry strategy. Utilizing official data sources, seeking help from authorities, and participating in relevant trade shows and exhibitions will further enhance the chances of success. The IndexBox market intelligence platform can provide valuable market insights to support decision-making and strategy development.

Source: IndexBox Market Intelligence Platform

microwave

U.S. Microwave Oven Cost Jumps to $75.9 per Unit

U.S. Microwave Oven Import Price in February 2023

In February 2023, the microwave oven price amounted to $75.9 per unit (CIF, US), rising by 11% against the previous month. Over the last twelve-month period, it increased at an average monthly rate of +1.4%. The most prominent rate of growth was recorded in March 2022 an increase of 28% month-to-month. Over the period under review, average import prices reached the peak figure at $91.4 per unit in July 2022; however, from August 2022 to February 2023, import prices remained at a lower figure.

There were significant differences in the average prices amongst the major supplying countries. In February 2023, the country with the highest price was Malaysia ($199 per unit), while the price for China amounted to $69.3 per unit.

From February 2022 to February 2023, the most notable rate of growth in terms of prices was attained by Malaysia (+2.8%).

U.S. Microwave Oven Imports

In February 2023, after four months of growth, there was significant decline in overseas purchases of microwave ovens, when their volume decreased by -11.7% to 1.3M units. In general, imports saw a perceptible setback. The pace of growth was the most pronounced in May 2022 with an increase of 39% against the previous month. As a result, imports reached the peak of 2.6M units. From June 2022 to February 2023, the growth of imports remained at a somewhat lower figure.

In value terms, microwave oven imports declined slightly to $98M (IndexBox estimates) in February 2023. Overall, imports saw a pronounced shrinkage. The most prominent rate of growth was recorded in May 2022 with an increase of 28% month-to-month. As a result, imports attained the peak of $198M. From June 2022 to February 2023, the growth of imports failed to regain momentum.

U.S. Microwave Oven Imports by Country

In February 2023, China (1.2M units) was the main supplier of microwave oven to the United States, with a 96% share of total imports. Moreover, microwave oven imports from China exceeded the figures recorded by the second-largest supplier, Malaysia (45K units), more than tenfold.

From February 2022 to February 2023, the average monthly growth rate of volume from China amounted to -4.5%.

In value terms, China ($86M) constituted the largest supplier of microwave oven to the United States, comprising 88% of total imports. The second position in the ranking was held by Malaysia ($9M), with a 9.2% share of total imports.

From February 2022 to February 2023, the average monthly growth rate of value from China totaled -3.3%.

Source: IndexBox Market Intelligence Platform