The State Department and the Commerce Department issued notices clarifying that they are abiding by a March court order that blocked the transfer of 3D printing software from the U.S. Munitions List to the Commerce Control List (see 2003090029). Exporters of the software “must continue to treat such technical data and software as subject to control on the USML,” State said. Commerce stressed that all 3D printing-related license requests should be directed to the State Department.
The Commerce Department extended the public comment period for feedback on future temporary general license extensions under the Export Administration Regulations (see 2003100070), the agency said in a notice. The comments, which were originally due March 25, are now due April 22. The comments will determine the “continuing need” and the scope for future extensions for the temporary general license for Huawei, Commerce said in a March 25 press release.
Export Compliance Daily is providing readers with some of the top stories for March 16-20 in case you missed them.
The Commerce Department is seeking comments on an information collection relating to voluntary self-disclosures of violations of the Export Administration Regulations, according to a notice in the March 19 Federal Register. Commerce is preparing to submit the collection to the Office of Management and Budget for review. Comments are due no later than April 20.
The head of the Commerce Department Bureau of Industry and Security revoked a shipping company’s export privileges for 15 years for export violations but ordered a review of the assessed fine, saying it was too high, according to a March 11 order. The company and its chairman -- Singapore-based Nordic Maritime Pte. Ltd and Morten Innhaug, respectively -- were originally fined more than $30 million by an administrative law judge, who also revoked the company’s export privileges until the fine was paid, according to the order. But Cordell Hull, BIS’s acting undersecretary, said the fine was too high, ordering the judge to review its decision to impose the penalty.
The Commerce Department Bureau of Industry and Security added 24 entities to its Entity List and revised five existing entries, the agency said in a notice. The new entries include companies in China, Iran, Pakistan, Russia and the United Arab Emirates; and the revised entries are for entities in France, Iran, Lebanon, Singapore and the United Kingdom. The changes take effect March 16. All shipments now requiring a license as a result of this rule that were on dock for loading or aboard a carrier to a port as of that date may proceed to their destinations under the previous eligibility, BIS said.
The Automated Export System will add 13 new Export Control Classification Numbers to its reference table to allow exporters to report electronic export information in the wake of the transfer of export controls over firearms from the State Department to the Commerce Department (see 2001170030 and 2003090029), the Census Bureau said in a notice emailed March 11. The notice contains instructions for determining which new ECCNs are eligible for certain license types. Census also clarified that by using any of the license exceptions or “No License Required,” exporters “are certifying that the terms, provisions, and conditions described in the [Export Administration Regulations] have been met.”
The Commerce Department is still considering placing export controls on Gate-All-Around Field Effect Transistor (GAAFET) technology, despite withdrawing the rule from the Office of Management and Budget last month (see 2002130033), said Hillary Hess, the Bureau of Industry and Security’s director of regulatory policy. The rule was expected to be one of six controls issued by Commerce early this year (see 1912160032) as part of the agency’s effort to control emerging technologies.
The Commerce Department extended the validity for its temporary general license for Huawei and 115 of its non-U.S. affiliates until May 15, the agency said in a notice. The extension replaces the previous license renewal for Huawei issued in February, which was set to expire April 1 (see 2002130059).
Export controls over technology and software used for the 3D printing of firearms will not transition from the State Department to the Commerce Department after a Washington court granted a request to block the Trump administration from completing the transfer. The court, whose March 6 order temporarily blocked portions of a January final rule to transfer the controls, suggested the administration likely violated notice-and-comment standards and pointed to the “grave reality” the transfer might have on the proliferation of 3D printed guns. The decision stemmed from a January request (see 2001240047 and 2002070043) filed by 20 states and Washington, D.C., to urge the court to vacate the final transfer rules, which were scheduled to take effect March 9 (see 2001170030).