The Bureau of Industry and Security sent a final rule for interagency review that would implement export control changes and updates agreed to during the 2022 Wassenaar Arrangement. The rule was sent for review July 18 and would amend the Export Administration Regulations and Commerce Control List.
The Bureau of Industry and Security this week added four European spyware and surveillance technology companies to the Entity List for their role in “threatening” cyber activities. BIS accused all four of “trafficking in cyber exploits used to gain access to information systems, threatening the privacy and security of individuals and organizations worldwide.”
The Bureau of Industry and Security added four spyware companies in Greece, Hungary, Ireland and North Macedonia to the Entity List for their role in cyber activities that threaten the “privacy and security of individuals and organizations worldwide.” The additions, outlined in a final rule effective June 18, impose license requirements for all items subject to the Export Administration Regulations. BIS will review license applications under a presumption of denial.
The Commerce Department published its spring 2023 regulatory agenda for the Bureau of Industry and Security and the Census Bureau, including new rules that will add more entities to the Entity List and finalize new export filing requirements.
The Bureau of Industry and Security last week fined two defense companies close to $100,000 combined to resolve their violations of the agency’s antiboycott regulations. The agency fined Arizona-based defense weapons systems manufacturer Profense $48,500 and Washington-based defense contractor B.E. Meyers & Co. $44,750 after they complied with requests from freight forwarders to certify that their goods weren’t Israeli origin.
A Puyallup, Washington, resident who illegally exported optical magnifiers to South Korea agreed to export compliance training as part of a settlement agreement announced by the Bureau of Industry and Security this week. If Jaeyoun Jung doesn’t complete the training, he may be subject to a two-year temporary denial order, BIS said.
A new rule change by the Bureau of Industry and Security will subject a broader range of chemical mixtures to declaration requirements, including for export or import. The revisions, outlined in a final rule that takes effect July 3, lowers the concentration threshold level at which mixtures containing certain controlled chemicals are subject to the declaration requirements. The change brings the U.S. Chemical Weapons Convention Regulations “into further alignment” with guidelines adopted by the Organization for the Prohibition of Chemical Weapons in 2009, which established the lower concentration threshold limit for certain chemicals.
The Bureau of Industry and Security this week removed a Russian tour company from a temporary denial order imposed against Nordwind Airlines, a Russian airline that BIS said illegally operates aircraft on flights into and out of the country.
Chip company ASML Netherlands may refuse job applicants who may not be able to comply with U.S. export regulations, an independent Netherlands human rights monitor ruled this month, saying the refusal doesn't violate Dutch anti-discrimination laws. The monitor said ASML is justified in not hiring applicants from certain countries to positions where they could access U.S.-controlled dual-use technologies, according to an unofficial translation of the judgment, otherwise ASML could face “major risks of sanctions” from the U.S.
The Bureau of Industry and Security is considering tweaking regulatory language that calls on exporters to conduct a five-year review of activities that preceded their voluntary self-disclosures. The change could make it so the language only applies to more serious disclosures, said the top BIS export enforcement official, Maththew Axelrod, and would represent another step in the agency’s effort to draw more BIS and industry resources toward addressing significant violations as opposed to minor or technical ones.