BOSTON -- If the Commerce Department follows through on plans to expand the limits of the Export Administration Regulations to further control foreign shipments to Huawei, it will have a “dramatic” impact on international supply chains, said Kevin Wolf, a trade lawyer with Akin Gump and Commerce’s former assistant secretary for export administration. The measures, which Commerce confirmed it was considering earlier this month (see 1912100033), include expanding the Direct Product Rule and broadening the de minimis rule to make more foreign-made goods subject to the EAR.

The Commerce Department Bureau of Industry and Security is seeking comments on an information collection used to respond to congressional and industry requests to make “foreign availability determinations” about the Export Administration Regulations, according to a notice. In the information collection, exporters are urged to submit data to “support the contention” that items controlled for national security reasons are “available-in-fact, from a non-U.S. source, in sufficient quantity and of comparable quality so as to render the control ineffective.” Comments are due Feb. 10.

Export Compliance Daily is providing readers with some of the top stories for Dec. 2-6 in case you missed them.

The Commerce Department is considering a host of expanded restrictions on foreign shipments to Huawei containing U.S. technology, said Rich Ashooh, Commerce’s assistant secretary for export administration. The agency is discussing expanding the Direct Product Rule -- which subjects certain foreign-made products containing U.S. technology to U.S. regulations -- and a broadened de minimis rule, Ashooh said during a Dec. 10 Regulations and Procedures Technical Advisory Committee meeting. Ashooh’s comments confirmed details in a Nov. 29 Reuters report that said the U.S. was discussing ways to restrict more foreign exports to Huawei (see 1912040014).

An Iranian businessman was sentenced to 46 months in prison for illegally exporting carbon fiber from the U.S. to Iran, the Justice Department said Nov. 14. Behzad Pourghannad worked with two others between 2008 and 2013 to export the carbon fiber to Iran from third countries using falsified documents and front companies, the agency said.

A Lebanese energy equipment company was fined $368,000 by the Bureau of Industry and Security after it illegally reexported generators to Syria, according to a settlement agreement signed Nov. 27. Ghaddar Machinery allegedly committed 20 violations of the Export Administration Regulations from 2014 to 2016, totaling about $730,000 worth of exports, BIS said. Ghaddar agreed to pay the penalty in five installments through November 2021. Failure to make the payments could result in more penalties, according to the settlement agreement, including a two-year denial of export privileges.

The Commerce Department Bureau of Industry and Security renewed an export denial order for Mahan Airways because the airline continues to violate the order and the Export Administration Regulations, BIS said in a notice. The Iranian airline has been on the banned list since 2008, and the notice renewed the ban for 180 days, BIS said. Since the order was last renewed June 5 (see 1906060054), the U.S. has discovered that the airline is now operating a U.S.-origin Boeing 747 between Iranian airports in Tehran, Kish Island and Mashhad. The aircraft “appears to be” one of three planes Mahan illegally acquired through Blue Airways of Armenia and United Kingdom-based Balli Group, BIS said. In addition, Mahan was involved in the illegal export of a U.S.-origin atomic absorption spectrometer from the U.S. to Iran via the United Arab Emirates in November. The spectrometer is subject to the EAR, and the export violated the terms of Mahan’s denial order, BIS said.

A Lebanese energy equipment company was fined $368,000 by the Bureau of Industry and Security after it illegally re-exported generators to Syria, according to a settlement agreement signed Nov. 27. Ghaddar Machinery allegedly committed 20 violations of the Export Administration Regulations from 2014 to 2016, totaling about $730,000 worth of exports, BIS said. Ghaddar agreed to pay the penalty in five installments through November 2021. Failure to make the payments could result in more penalties, according to the settlement agreement, including a two-year denial of export privileges.

The Department of Commerce published its fall 2019 regulatory agenda for the Bureau of Industry and Security. The agenda includes a new mention of its intent to potentially control certain additive manufacturing equipment, or 3D printing, used in “energetic materials” as part of BIS’s effort to restrict sales of emerging technologies (see 1911210051). The notice of proposed rulemaking aims to gather feedback from industries while “discussions are ongoing” at the Wassenaar Arrangement. BIS said it aims to issue the proposed rule in November.

The Commerce Department is seeking comments on an information collection regarding 10 “miscellaneous activities” associated with exports of items controlled under the Export Administration Regulations, the agency said in a notice. The activities involve the exchange of documents among parties in an export transaction to “ensure that each party understands its obligations under U.S. law,” Commerce said. The activities also involve “writing certain export control statements on shipping documents or reporting unforeseen changes in shipping and disposition of exported commodities.” Comments are due Jan. 21, 2020.