The Commerce Department’s long-awaited routed export rule continues to face delays due to a lack of agency resources and attention, said Gerry Horner, chief of the Census Bureau’s Trade Regulations Branch. Horner said both Census and the Bureau of Industry and Security currently “just don't have the resources” to make progress on the effort.
The Russian invasion of Ukraine changed export compliance dramatically, said Howard Mendelsohn, chief client officer for Kharon, "where the onus is on industry like it’s never been before to sort of find a way to be proactive." Mendelsohn, whose firm provides risk intelligence to businesses, spoke at an OCR Services trade compliance conference Oct. 17 in Bethesda, Maryland, outside Washington, D.C. He said exporters have to be proactive on blocking reports and applying for licenses, and importers have to find another supplier.
The U.S. this week sanctioned 11 people, eight entities and one vessel with ties to Iran’s ballistic missile and drone programs. The Treasury, Commerce and State departments, along with DOJ, also published a new advisory to alert global companies about Iran’s ballistic missile procurement activities.
The U.S. updated chip export controls announced this week will affect a number of chips marketed by Nvidia, the American semiconductor firm confirmed this week. Nvidia said it will face new license requirements for any of its integrated circuits exceeding certain performance thresholds -- including its A100, A800, H100, H800, L40, L40S and RTX 4090 -- along with any existing system that incorporates one or more of those integrated circuits, including potentially future products developed by the company.
The Bureau of Industry and Security this week released a range of updates to its Oct. 7, 2022, China chip controls, unveiling two rules that will impose new license requirements on additional chips and chipmaking tools, make revisions to its U.S. persons restrictions, expand licensing requirements for exports of certain chipmaking items to U.S. arms-embargoed countries, create a new notification requirement and introduce other measures to address export control circumvention risks.
The Bureau of Industry and Security added 13 Chinese entities to the Entity List that are involved in developing advanced computing semiconductors that may be used for activities that threaten U.S. national security, the agency announced this week. Each of the entities will be subject to license requirements for all items subject to the Export Administration Regulations, including BIS foreign direct product rule restrictions. Licenses will be reviewed under a presumption of denial.
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The U.S. has little room to expand sanctions against Hamas, but it could look to track down and designate additional front companies the terror group uses to fund its activities, said Jason Prince, former chief counsel at the Office of Foreign Assets Control. Although OFAC has general licenses in place to authorize a broad range of humanitarian-related transactions involving Palestine, Hamas’ designation as a foreign terrorist organization could make some financial institutions less willing to approve those aid-related transactions, Prince said.
The State Department’s Directorate of Defense Trade Controls should publish guidance and take other steps to help expedite approvals for marketing demonstrations and other “pre-delivery activities” that occur before a foreign military sale, industry officials told the agency during its Defense Trade Advisory Group plenary last week. Officials also gave a host of other recommendations aimed at addressing issues plaguing the FMS program, including fixes that could help other agencies understand when a license isn’t required.
The Bureau of Industry and Security this week will officially extend authorizations for South Korean semiconductor companies Samsung and SK Hynix to allow them to continue supplying certain controlled chip equipment to their Chinese factories. The move -- which formalizes authorizations that have applied to both companies since the agency issued its China chip rule Oct. 7, 2022 -- underscores the importance of the Korean chip industry to global semiconductor supply, BIS officials said.