The State Department has completed a round of interagency review for a proposed rule that could revise the International Traffic in Arms Regulations by updating export controls on certain launch vehicles, ballistic missiles and other items in Category IV of the U.S. Munitions List and spacecraft and related items in Category XV of the USML. The rule, sent to the Office of Information and Regulatory Affairs Sept. 17 and completed Oct. 10, would "describe more precisely the articles warranting control on the USML," the agency said, and build on an advance notice of proposed rulemaking issued in March 2019 that solicited comments on the changes.
Beijing held a national conference on export controls last week, where government officials summarized Chinese export control actions over the past year and “studied and arranged the next key tasks,” according to an unofficial translation of a notice from China’s commerce ministry. Officials called for an “improvement of the modern national export control system” and added that export controls play “an increasingly important role in safeguarding national sovereignty, security, and development interests and promoting high-quality development of trade,” the ministry said.
The Bureau of Industry and Security last week completed rounds of interagency review for two rules that could revise its space-related controls.
Companies affected by Norway’s recently announced export controls on emerging technologies should “act promptly” to make sure their exports don’t raise any legal or reputational risks, including by updating internal compliance programs, training employees on new licensing requirements and correctly classifying their goods and technology, the law firm Wikborg Rein said in an October client alert. The firm also said companies should review their current business dealings to identify any transactions that will require a license after the new controls take effect Nov. 1.
Representatives from the U.S., Singapore, the Philippines and the United Arab Emirates convened this week with Maldivian officials in the Maldives to discuss export controls and other trade issues during the inaugural Maldives Strategic Trade Management Forum.
U.S. semiconductor export controls on China lack a clear “endgame,” said Michael Mazarr, a senior political scientist with the RAND think tank. He said the controls are a “perfect example” of a U.S. policy approach that embraces “competition for its own sake and rushing down blind alleys without a clear sense of where policy will lead.”
Chinese Commerce Minister Wang Wentao urged U.S. Commerce Secretary Gina Raimondo this week to lift U.S. semiconductor export restrictions against China (see 2211010042 and 2302020034) and reverse its proposed import restrictions on Chinese connected vehicles (see 2409220001), saying the two countries need to reach a clearer understanding around their national security-related trade policies.
The State Department’s Directorate of Defense Trade Controls recently updated its list of commodity jurisdiction (CJ) determinations, which DDTC issues after receiving requests from industry to determine whether a commodity or service is covered by the U.S. Munitions List. The table includes several new CJ determinations issued in September, including certain subassemblies for tactical unmanned aerial vehicles, which DDTC classified as USML Category VIII(f); an item that allows helicopters to carry sling loads and serves as “a conduit for electric actuation of remote hooks and other electrically operated equipment,” which it classified under the Export Administration Regulations as EAR99; and a digital fuel gauge that it classified as USML Category VIII(h)(1).
Norway is adding a new annex to its export control list to cover a set of “critical goods and technologies” that aren’t currently subject to export licensing requirements, including certain advanced semiconductors and quantum computers, according to an unofficial translation of an Oct. 3 notice from the country’s Ministry of Foreign Affairs. The new annex, effective Nov. 1, will cover items that “are considered disruptive technologies or emerging technologies that are of such a nature that they should be subject to control,” the ministry said.
The Nov. 5 presidential election could have a significant impact on how the U.S. works with the EU to develop export controls for China, according to a new report released last week by the Washington, D.C.-based American-German Institute.