The Bureau of Industry and Security should clarify a number of items related to its new upcoming export controls on certain electronic computer-aided design (ECAD) software (see 2208120038 and 2208250036), including its definition for “specially designed,” semiconductor companies told the agency in comments this month. BIS should also consider updating other areas of the control, some said, including making it eligible for License Exception TSR (Technology and software under restriction).
The Bureau of Industry and Security this week updated its restricted aircraft list by adding three Iranian-owned and operated planes for violating U.S. export controls after they provided flight services to Russia. The planes -- owned by Mahan Air, Qeshm Fars Air and Iran Air -- are the first Iranian aircraft added to the list and are now subject to certain maintenance and repair restrictions and other prohibitions outlined in General Prohibition 10 of the Export Administration Regulations.
The Bureau of Industry and Security updated its restricted aircraft list by adding three Iranian-owned and operated planes for violating U.S. export controls, the agency said in an emailed news release. BIS said the planes -- which are owned by Mahan Air, Qeshm Fars Air and Iran Air and are the first Iranian aircraft added to the list -- illegally provided flight services to Russia. Certain activities involving the planes, including maintenance and repair, are now subject to restrictions outlined in General Prohibition 10 of the Export Administration Regulations.
The Bureau of Industry and Security this week announced a host of measures to expand its export restrictions against Russia and Belarus, including an expansion of its Russian industry sector sanctions to add new export controls on lower-level items. The agency also expanded its military and military intelligence end-user controls, applied its Russian-Belarusian MEU foreign direct product rule to additional entities, added additional dollar value exclusion thresholds for certain luxury goods exports and more.
While the Biden administration hasn't yet decided whether to establish an outbound investment screening regime, officials believe more investment screening could help fill certain gaps in semiconductor-related export controls, said Peter Harrell, a National Security Council official. Harrell said an outbound regime also could provide the U.S. with more information about global semiconductor investments, which could be useful as the U.S. seeks to stop China from acquiring advanced chip equipment.
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After several years of delays, Commerce Department officials said industry may soon see progress on the agency’s long-awaited routed export rule. Although the rule is unlikely to be published this year, officials this week said they are hoping to prioritize the effort in the coming months, which could include major changes to the process around assigning filing responsibilities to forwarders and address information sharing among parties in routed export transactions (see 2006020049).
The Bureau of Industry and Security is seeking public comments on potential export controls over certain instruments for the automated synthesis of peptides, the agency said in an advance notice of proposed rulemaking this week. The agency, which has been drafting the ANPRM since at least June (see 2206270007 and 2208290019), said automated peptide synthesizers may warrant export restrictions as foundational or emerging technologies because of their potential impact on American national security. Comments are due Oct. 28.
The Bureau of Industry and Security announced an interim final rule that expands authorization for the release of controlled technology for the purposes of standards-setting activities to also include software and all entities on the agency’s Entity List. The authorization previously applied only to "technology" and some listed entities, namely Huawei and its affiliates. The interim rule addresses concerns about whether BIS licenses are required to release low-level technology for legitimate standards activities, BIS said in a Sept. 8 press release. The interim rule takes effect Sept. 9.
California-based Arteris, a multinational semiconductor company, said it received a warning letter from the Bureau of Industry and Security after it disclosed potential export control violations (see 2110130040). The company was given the warning earlier this year after BIS decided “not to refer this matter for criminal or administrative prosecution,” Arteris said in an August SEC filing.