Updates and Resources for Business

Highlights

• Updates on sanctions as of April 6, 2022
• The economic sanctions imposed by the Biden Administration in response to the Russian invasion of Ukraine may have consequences for NAMM members. 
• U.S. sanctions on Russia include “luxury” items, such as grand pianos.
• EU, Canada, UK, Australia and New Zealand also have sanctions against Russia.
• Sanctions may impact NAMM member business partners, employees or customers.
• U.S. Commerce Department has imposed significant new restrictions on the transfer of technology, including telecommunications technology, software, semiconductors and computers to entities in Russia and Belarus. 

U.S. sanctions are targeted at the Russian military, defense, energy and telecommunications sectors, as well as Russia’s central bank and a host of other significant Russian banks along with designated individuals.  The practical implication of these sanctions means that NAMM members that have business partners, employees or customers in Russia must review whether their activities transgress U.S. sanctions along with those imposed by other countries or multi-national bodies.

Belarus is targeted under some of these sanctions, and Canada, the European Union, the United Kingdom, Australia and New Zealand have all issued their own sanctions against Russian entities and individuals as well.

How does this apply to NAMM members?

Activities that breach sanctions may include:

• Payments to or from persons or entities in Russia or otherwise listed as specially designated nationals (SDNs)
• Providing financing, credit or loans to persons or entities in Russia
• Debt or equity investments in Russian entities
• The sale of goods or services to end users in Russia
• The supply of goods or raw materials from Russia

Relatedly, the U.S. Commerce Department has imposed significant new restrictions on the transfer of technology, including telecommunications technology, software, semiconductors and computers to entities in Russia and Belarus.  Even allowing Russian end-users the ability to access U.S. sourced software based on a cloud service may potentially violate these restrictions. NAMM members should determine if they are engaged in any activities that may fall within these restrictions, such as the transfer of software to Russia. 

On March 16, 2022, the Commerce Department published a list of “luxury goods” which cannot be exported to or within Russia and Belarus.  Included In the lengthy list are grand pianos designated within HTS Code 92012.

Take action

• Determine if activities and/or operations in Russia and Belarus are sanctioned including the transfer of software to Russia.  
• Keep a detailed record of all activities relative to sanction review and compliance.

Resources

U.S. Department of The Treasury Active Sanctions Programs
Office of Foreign Assets Control Sanctions Programs and Information
The White House Fact Sheet on Sanctions Against Russia
U.S. Department of Commerce Restricts the Export of Luxury Goods to Russia and Belarus
Imposition of Sanctions on “Luxury Goods” Destined for Russia and Belarus

Contact a member of NAMM’s Public Affairs and Government Relations team for additional assistance.

NAMM monitors and advocates for music, pro-audio, and event technology businesses on issues ranging from tax regulations to access to music education for all. Get the latest updates from NAMM policy professionals about issues including small business relief, trade and shipping, labor policy and regulation, and funding for music education, and brief analysis of President Biden’s 2022 State of the Union address.

Featuring: Chris Cushing, Managing Director, Federal Strategies Team, Nelson Mullins Riley & Scarborough; Jim Goldberg, NAMM Counsel, Goldberg & Associates, PLLC; and Connie Myers, Policy Advisor, Nelson Mullins Riley & Scarborough

Opening remarks: Joe Lamond, President and CEO of NAMM

Moderated by: Mary Luehrsen, Director of NAMM Public Affairs and Government Relations

Topics Covered:

• March 1, 2022, State of the Union Address by Pres. Biden
• Federal Relief for Small Business
• Trade and Shipping Update
• Labor Policy and Regulation Update
• Regulatory Issues, including an update on pending CITES standing committee
• Education Policy and funding

Read the Transcript

WATCH HERE

Resources Referenced

• The 2022 State of the Union Address
• PPP Forgiveness Summary
• PPP Loan Forgiveness Process
• Shuttered Venues Grants (SVOG)
• Letter Requesting Improvements to the SVOG
• The Securing a Strong Retirement Act of 2021
• Performing Artist Tax Parity Act
• File a Complaint with the Federal Maritime Commission (FMC)
• More on Filing Complaints with the FMC
• Traveling with musical instruments in compliance with CITES rules
• CSFI Lacey Act Musical Instrument Guide
• Webinar – the steps you must follow to comply with this new Oct. 1st Requirement
• US Fish and Wildlife E-permit Site
• Office of Elementary & Secondary Education 

February 2022: International Coalition Performing Arts Aerosol Study Updated Guidelines

As the United States experiences another variant of the coronavirus, questions about music activity abound as we move into 2022. With the contagiousness of the omicron variant of the SarsCov2 currently having a high degree of community spread in many areas of the country, the coalition highly encourages the use of all of the study’s mitigations during this surge. The mitigations have proven to be effective. The updated guidelines can be found here.

A recorded webinar and a brief summary of a recent risk assessment survey can be accessed here.

Please note: These suggestions are meant to provide some best practices as we continue to move into new phases in the pandemic. It is important to know and understand your state and local health department guidance and local and state respiratory disease transmission rates should be considered when adopting mitigation protocols.

Update.  January 12, 2022: White House Increases COVID-⁠19 Testing in Schools to Keep Students Safe and Schools Open

In an effort to help keep all schools safely open for full-time in-person learning, the Biden administration announced plans to increase access to COVID-19 testing in schools, increasing the number of COVID-19 tests available to schools by 10 million per month.  This added effort supports measures proven effective at keeping students and staff safely in school—including vaccinations and boosters, implementing universal indoor masking, maintaining physical distancing, improving ventilation, and performing COVID-19 screening testing. Read more here. 

New Fall Guidance for 2021-22 School Year

The International Coalition Performing Arts Aerosol Study has released updated guidelines for music education classrooms for the fall. The guidance updates previous mitigation tactics with the understanding that states need to consult local and state COVID-19 guidance and transmission rates for appropriate mitigation adoption and adjust accordingly.

NAMM members are urged to share this information with your local and state networks now, as students return to in-person learning.

Updated guidelines are as follows:

Outdoors:

• No mitigation is needed for outdoor performances depending on the level of local and state transmission rates. Outdoors remain the safest space for performances

Indoors:

• Masking with appropriate material remains the best way of reducing potential infected aerosol from circulating in an indoor space. Masks are recommended to be worn while singing and speaking.
• Bell covers made from appropriate material remain the best way of reducing potential infected aerosol from circulating in an indoor space.
• Depending on your comfort level, instrumentalists can wear masks only when speaking and slitted performance masks are optional.
• In spaces with good ventilation rates and HEPA filtration, increased indoor rehearsal times of 50 minutes may be considered. A minimum of 3 air exchanges per hour should be used, if there are spaces with higher air change rates, you may consider longer rehearsal times.
• Distancing may be decreased to 3 feet, adjusting farther or closer depending on local conditions.
• Continue good hygiene practice moving forward, including appropriate elimination of brass fluid.
• Plastic face shields only stop large droplets, not aerosol; room dividers inhibit the function of the HVAC system and are not recommended

Recently, Dr. James Weaver (National Federation of High School Associations), Dr. Mark Spede, (College Band Directors National Association/Clemson University), and Bob Morrison (Arts Ed New Jersey) recorded an important conversation on mitigations and recommendations for various music, speech, debate, and theater activities.

During this in-depth conversation, Dr. Spede reminded viewers, “The recommendations published by the International Coalition Performing Arts Aerosol Study are truly science based. When followed, they do mitigate transmission of coronavirus. Those seeking to circumvent those mitigation practices by canceling music programs are not following the science.” Dr. Weaver urged music educators to engage music students outdoors when the weather permits, and to be prepared to share the facts with administrators regarding mitigation strategies so vital performing arts programs can continue as students return indoors.

 “We have more science-based strategies for the performing arts than many other academic or athletic activities” said Bob Morrison, “we’ve taken this very seriously and we know what protocols to put in place so that our programs can continue.”   

Watch the 35-minute video

Index time stamps:

• 0:00 Welcome
• 0:41 Differences in State & Local Health Recommendations
• 2:51 Mitigation Strategies & Risk Assessment
• 6:30 Aerosol Particles (Distribution/Size)
• 9:47 Speech & Debate
• 11:55 Theater
• 15:15 Elementary Music (Singing & Recorders)
• 19:47 Music (Vocal & Instrumental)
• 25:40 Air Change Rate
• 29:28 Shields & Partitions
• 30:39 Next Steps

Visit the Aerosol Study Homepage