The Bureau of Industry and Security completed interagency review of an interim final rule that could make changes to the Commerce Control List for certain cybersecurity items. The rule, received by the Office of Information and Regulatory Affairs in September (see 2109200005) and completed Oct. 14, would build upon a proposed rule published by BIS in 2015 that was intended to gather feedback on new Wassenaar Arrangement controls on some cybersecurity items.

RANCHO MIRAGE, California -- The Commerce Department and CBP will soon deploy a new feature in the Automated Export System to automatically warn filers if they are exporting a controlled item without a license, a BIS official said. The agencies hope to launch the feature -- which should help exporters, freight forwarders and carriers better conduct due diligence -- in the next few months, said Richard Sylvestri, a senior export administration analyst in the Bureau of Industry and Security's Western Regional Office.

A multinational semiconductor company may have violated U.S. export controls when it transacted with two Chinese technology companies on the Entity List, according to its October Securities and Exchange Commission filing. Arteris, which is headquartered in California, said it maintained a business “relationship” with HiSilicon Technologies Co. and Chongxin Bada Technology Development Co., Ltd., which may have resulted in “inadvertent” violations of the Export Administration Regulations. The Bureau of Industry and Security added HiSilicon to the Entity List in 2019 as an affiliate of Huawei (see 1905160072) and added Bada in 2020 (see 2008260038).

The Bureau of Industry and Security fined a U.S.-based telecommunications company $1.87 million for illegally exporting goods to Vietnam, BIS said in an Oct. 12 order. California-based VTA Telecom, a subsidiary of a Vietnamese state-owned telecom company, included false statements in its export applications to hide the true end-uses for the exports, BIS said.

Export Compliance Daily is providing readers with the top stories for Oct. 4-8 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.

The U.S.’s new export restrictions over certain biological equipment software could have a major impact on life science companies, universities and research organizations, and could present significant foreign investment screening hurdles, law firms said. While the restrictions were issued multilaterally and will only seek to stop certain software exports that can be exploited for biological weapons purposes, firms warned that the new restrictions could still be difficult to manage.

The export control jurisdiction for exports of deuterium for non-nuclear end-uses will transfer from the Nuclear Regulatory Commission to the Bureau of Industry and Security, BIS said in notice. While those exports will be controlled under the Export Administration Regulations, BIS stressed that deuterium exports intended for nuclear end-uses will still be subject to the NRC’s export licensing jurisdiction. BIS has been considering the change, which will take effect Dec. 6, since at least June (see 2109240011).

The Bureau of Industry and Security made a range of “corrections and clarifications” to the Export Administration Regulations to fix inadvertent errors in 11 parts of the EAR, the agency said in a notice. The changes, effective Oct. 5, aim to “provide clarity and facilitate understanding of the regulations” but don’t “change the substance of the EAR,” BIS said. The agency said it made “minor” changes” to EAR parts 732, 734, 736, 738, 740, 744, 748, 750, 770, 772 and 774.

The Bureau of Industry and Security will add export controls on certain biological equipment software that may be exploited for biological weapons purposes (see 2109290011), the agency said in an Oct. 5 final rule. The rule, issued in proposed form in November 2020, will align U.S. controls with the multilateral Australia Group by placing restrictions on exports of “nucleic acid assembler and synthesizer” software “capable of designing and building functional genetic elements from digital sequence data,” BIS said. The agency said the software will be added to the Commerce Control List as an emerging technology and falls under BIS’s efforts under the Export Control Reform Act (see 2109080062).

Oleg Nikitin, Russian national and owner of St. Petersburg-based energy company KS Engineering, was sentenced to federal prison for scheming to evade U.S. sanctions, the U.S. Attorney's Office for the Southern District of Georgia said. Nikitin was sentenced to 28 months in prison after pleading guilty to conspiring to violate the International Emergency Economic Powers Act, the Export Control Reform Act and the Export Administration Regulations. Nikitin was also ordered to pay a $5,000 fine and is subject to deportation when his sentence ends. KSE, along with Italian company GVA International Oil and Gas Services, will serve five years' probation, the U.S. Attorney's Office said.