The State Department issued a notice this week describing the new export restrictions and other sanctions it imposed against Russia in May after determining the country used chemical weapons in violation of international law (see 2405010072). The agency certified to Congress under the Chemical and Biological Weapons Control and Warfare Elimination Act that Russia has used the weapons, and the agency’s certification places restrictions on U.S. Munitions List exports to Russia, arms sales, exports of “national security-sensitive” goods and technology, and more, according to a Federal Register notice released June 6. The notice also outlines several exemptions to the restrictions, including for certain exports necessary for “safety of flight,” certain deemed exports to Russian nationals and exports involving government space cooperation. The agency said the measures will “be implemented by the responsible departments and agencies” and will remain in effect for at least one year.
A June 3 blog post by Defense Trade Solutions, a consultant used by the U.S. defense industry, outlines the licensing and recordkeeping requirements, along with a set of best practices, for brokers involved in exporting defense articles and services.
Despite increasing export control cooperation between the U.S. and the EU, there’s still “considerable differences” in the two sides’ dual-use export control systems, including across control lists, enforcement issues and reexport control rules, researchers said. A recent report by Istituto Affari Internazionali, an Italian think tank, examines the differences between the two systems and ways they can work closer together, including through a proposal by the European Commission for a new forum for “political coordination” of export controls (see 2405160081).
The State Department’s Directorate of Defense Trade Controls released its annual report to Congress on certain defense exports controlled on the U.S. Munitions List. The report, released June 3, details the aggregate value and quantity of defense items and services authorized to each foreign country and international organization during FY 2023.
The Commerce Department is investigating Ronda Korea, a manufacturer of parts for semiconductor equipment, and other South Korean equipment makers for possibly violating U.S. export controls by selling to restricted Chinese companies, The Information said in a May 30 report. The agency is specifically probing Ronda Korea for potentially selling parts to “sanctioned” Chinese companies using technology developed by Lam Research, a U.S. chip equipment maker, the report said. A Bureau of Industry and Security spokesperson didn’t respond to our request for comment.
China will place export controls starting June 1 on various military and dual-use equipment, software and technology, including items used in the aerospace and shipbuilding industries, along with “ultra-high molecular weight polyethylene fibers,” the country’s commerce Ministry said May 30, according to an unofficial translation.
The Bureau of Industry and Security has drafted an interim final rule that could update or clarify how export controls apply to releases of technology for standards setting or development in standards organizations. The agency sent the rule for interagency review May 17. BIS last issued updates to these controls in 2022, when it expanded an authorization for the release of controlled technology for certain standards-setting activities, including when companies on the Entity List are participating in those bodies (see 2209080038).
The Bureau of Industry and Security sent a proposed rule for interagency review that could lead to new export controls on the activities of U.S. persons in support of foreign military, security or intelligence agencies.
The Bureau of Industry and Security needs more help from companies to stop Russia from acquiring export controlled semiconductors and other microelectronics, Matthew Axelrod, the agency’s top export enforcement official, said May 8 during a semiconductor summit hosted by the U.S. Attorney's Office for the Central District of California. The joint Commerce Department-DOJ Disruptive Technology Strike Force has helped the government pool resources to investigate and prosecute export control violations, “but even this impactful coordinated effort across government enforcement agencies is, by itself, insufficient to meet the national security moment we’re facing,” Axelrod said. “[F]rankly, we need everyone to do more.”
The Bureau of Industry and Security will make several “conforming and clarifying” changes to the Export Administration Regulations to fix and update country and destination references, remove “obsolete” references, correct inadvertent errors and make other minor revisions.