President Joe Biden plans to sign an executive order today to guide how the U.S. conducts national security reviews over inbound foreign direct investments. The order, which is the first to give formal presidential direction to the Committee on Foreign Investment in the U.S., will add “several national security factors” for CFIUS to consider when reviewing covered transactions and expand on the committee’s “existing statutory factors,” senior administration officials said during a Sept. 14 call with reporters. Biden will specifically direct CFIUS to consider a covered transaction's impact on critical U.S. supply chains, U.S. technological leadership (including for microelectronics and artificial intelligence), U.S. cybersecurity, personal sensitive data and more.
The Office of Foreign Assets Control recently issued preliminary guidance on the price cap for seaborne Russian oil and related maritime services policy confirmed by the G7 earlier this month. The policy is split into two different service bans with exemptions for oil products purchased below certain price caps. The ban for crude oil will take effect Dec. 5 and for other petroleum products Feb. 5. The coalition has not yet set price points for oil and petroleum products.
The Bureau of Industry and Security on Sept. 8 released an interim final rule expanding an authorization for the release of some controlled software and technology to all entities on the agency’s Entity List if the release is for the purposes of standards-setting activities. Previously, the authorization had applied only for some Entity List entities, namely Huawei and its affiliates. The interim rule takes effect Sept. 9.
The Group of Seven nations intend to implement a price cap on Russian-origin crude oil and petroleum products, according to a joint statement released today by the G7 Finance Ministers.
Chipmaker NVIDIA said the U.S. has imposed a “new license requirement, effective immediately,” on exports of certain chips to China (including Hong Kong) and Russia. The company’s Aug. 26 Securities and Exchange Commission filing said the government informed it that same day of the requirement, which covers the company’s A100 and H100 chips, as well as any future chips that meet performance thresholds equivalent to the A100.
The Bureau of Industry and Security will add seven Chinese entities to its Entity List this week for acquiring or attempting to acquire U.S. technology to aid China’s military. All the entities will require a license for all items subject to the Export Administration Regulations. BIS will review license applications under a policy of presumption of denial. The additions take effect Aug. 24.
The Bureau of Industry and Security updated its restricted aircraft list with 25 foreign-produced planes that have violated U.S. export controls, the agency said in an news release. BIS said the commercial planes -- which are the first foreign-produced aircraft added to the list -- violated the Export Administration Regulations’ de minimis threshold for U.S. components by flying into Russia or Belarus. Certain activities involving the planes, including maintenance and repair, are now subject to restrictions outlined in General Prohibition 10 of the EAR.
The Bureau of Industry and Security on Aug. 2 suspended the export privileges of a Venezuela-based cargo airline for violating U.S. export controls. The agency said Empresa de Transporte Aéreocargo del Sur, also known as Aerocargo del Sur Transportation Company, acquired control of a U.S.-origin Boeing aircraft from Mahan Air -- Iran’s sanctioned airline -- and illegally flew that plane between Venezuela, Iran and Russia. BIS suspended the airlines’ export privileges for 180 days, barring it from participating in transactions subject to the Export Administration Regulations.
The U.S. on June 28 announced a host of new sanctions targeting Russia’s defense industrial base, including export restrictions against entities helping Moscow evade U.S. export controls and for illegally acquiring controlled U.S. items for Iran. The financial sanctions, announced by the Treasury and State Department, target more than 100 entities and 50 people, including Russia’s State Corporation Rostec, a “massive” state-owned technological, aerospace and military-industrial enterprise. Treasury also issued several new general licenses.
The Bureau of Industry and Security on June 24 suspended the export privileges of three Russian airlines for violating U.S. export controls against Belarus. The agency issued 180-day temporary denial orders for Nordwind Airlines, Pobeda Airlines and Siberian Airlines, BIS said, banning all three airlines from participating in transactions subject to the Export Administration Regulations.