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[Date: December 11, 2023]
Department of Commerce, Department of the Treasury, Department of Justice, Department of State, and Department of Homeland Security Quint-Seal Compliance Note: Know Your Cargo: Reinforcing Best Practices to Ensure the Safe and Compliant Transport of Goods in Maritime and Other Forms of Transportation
OVERVIEW
Global supply chains are increasingly complex, multinational networks involving the movement of cargo by sea, freight, and air. This complexity is a consequence of the highly integrated global economy upon which our common prosperity depends. Yet such features also present opportunities for nefarious actors to evade U.S. sanctions and export control laws, including by disguising the true origin, destination, or nature of their cargo. To avoid potentially illicit conduct, individuals and entities directly participating in and enabling the global transport of goods— entities like vessel owners, charterers, exporters, managers, brokers, shipping companies, freight...
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1) This five-agency "compliance note" builds on a large number of other maritime and shipping-related advisories (see e.g. Sanctions Advisory for the Maritime Industry, Energy and Metals Sectors, and Related Communities and Price Cap Coalition - Advisory for the Maritime Oil Industry and Related Sectors - Best Practices in Response to Recent Developments in the Maritime Oil Trade.
As with the others, the advisories are targeted at signaling and clarifying agency due diligence expectations (and enforcement priorities), rather than addressing interpretive issues in or otherwise clarifying the scope and operation of the legal provisions administered.
Here, however, note the following statement:
"non-U.S. persons are prohibited from causing or conspiring to cause U.S. persons to wittingly or unwittingly violate U.S. sanctions, as well as engaging in conduct that evades...