The Bureau of Industry and Security sent a final rule for interagency review that would align its export controls with changes recently made by the multilateral Missile Technology Control Regime. The final rule, sent to the Office of Information and Regulatory Affairs Aug. 25, would revise the Export Administration Regulations with MTCR decisions from 2018, 2019, 2021 and 2022. The rule also would make revisions to the eligibility of one or more license exceptions.
The State Department sent a final rule for interagency review that could loosen export restrictions on certain controlled defense shipments and services for Ethiopia. The rule, sent to the Office of Information and Regulatory Affairs Aug. 17, would remove Ethiopia from the International Traffic in Arms Regulations’ list of proscribed countries. Those countries are generally subject to a license review policy of denial.
The State Department will again extend a September 2020 rule that temporarily suspended restrictions on certain defense exports to Cyprus, the agency said last week. The 2020 rule (see 2009020045) amended the International Traffic in Arms Regulations to relax restrictions surrounding exports of nonlethal defense goods and services to Cyprus, and also eased restrictions on reexports, retransfers and temporary imports. The agency has extended the rule each year since (see 2209190009 and 2211210028). The State Department plans to soon publish a Federal Register notice to reflect the renewal, which will apply for FY 2024, the Directorate of Defense Trade Controls said.
The Bureau of Industry and Security on Aug. 17 released a correction to its final rule last week that expanded the scope of its nuclear-related export controls on China and Macau (see 2308110019). BIS said there was an "inadvertent error in one of the regulatory instructions for that rule," and the notice issued by BIS this week "corrects that inadvertent error."
The Bureau of Industry and Security sent a proposed rule for interagency review that could lead to new export restrictions related to illegal cyber-related activity. The rule, sent to the Office of Information and Regulatory Affairs Aug. 16, is titled: “Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities.”
President Joe Biden this week extended a national emergency that authorizes certain export control regulations, the White House said. Biden renewed the emergency for one year beyond Aug. 17.
The Bureau of Industry and Security concluded a round of interagency review for a final rule that could expand nuclear nonproliferation export controls on China and Macau. BIS sent the rule for review July 24 (see 2307260008), and the Office of Information and Regulatory Affairs said it was sent back Aug. 7 with some changes.
China will soon impose export controls on certain unmanned aerial vehicles and related equipment in what is said is an effort to safeguard its national security. The restrictions, effective Spet. 1, will cover certain UAVs and their engines, infrared imaging equipment, radars, lasers, radio communication equipment, jamming equipment and more, China’s Ministry of Commerce announced July 31, according to an unofficial translation. It added that “all other civilian drones that are not included in the control are prohibited from being exported for military purposes.”
The Bureau of Industry and Security chose not to penalize U.S. hardware supplier MaxLinear after it voluntarily disclosed potential export control violations, the company said in a recent SEC filing. MaxLinear said it received a warning letter from BIS June 8 and was informed by BIS that the agency “closed out its review of our voluntary self-disclosure without monetary or other penalties.” MaxLinear disclosed the potential violation last year when it said it may have breached U.S. export licensing requirements by selling to a Chinese foundry on the Entity List (see 2211070014 and 2305020008).
Fried Frank law firm last week released its 2023 International Traffic in Arms Regulations Enforcement Digest, providing a “legal and compliance practitioner's reference guide” on ITAR enforcement. The document includes an overview of recent and past ITAR penalties, including actions taken this year against American 3D printing company 3D Systems (see 2302270078) and U.S.-based telecommunications company VTA Telecom (see 2305310040). The document also includes a table of various enforcement actions, dating to 2001, grouped with the penalty issued in the case, the U.S. Munitions List Categories involved, the countries involved and the number of violations.