The Bureau of Industry and Security this week updated its guidance on applying for deemed export licenses, which people or companies must obtain before sharing a controlled item, software or technology with a foreign person on U.S. soil if a license would normally be required for that person's most recent country of citizenship or permanent residence. The guidance outlines the type of information applicants must submit, the information BIS takes into account when reviewing those licenses, and the set of conditions that the agency said are “standard” for approved licenses. A list of license condition best practices includes a reminder that approved applicants must annually verify to BIS that the foreign person has a “required work authorization” or that the foreign person has left the country.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
U.S. computing chip manufacturers need to do more to stem the flow of their export-controlled products to Russia’s defense industrial base, Sen. Richard Blumenthal, D-Conn., said Sept. 10.
The Georgia Institute of Technology is severing ties with China-based Tianjin University, a school added to the Bureau of Industry and Secuirty’s Entity List in 2020, saying Tianjin’s placement on the list has made their relationship “no longer tenable.”
New mandatory reporting rules proposed this week by the Bureau of Industry and Security could require developers of advanced artificial intelligence models and computing clusters to submit “detailed” information to the agency about their developmental activities, cybersecurity measures and more.
The Bureau of Industry and Security completed a round of interagency review for a proposed rule that could introduce new reporting requirements involving certain artificial intelligence technology. The rule, sent for interagency review June 5 (see 2406060036) and completed Sept. 5, could propose requirements “for the development of advanced artificial intelligence models and computing clusters.” BIS said it's planning to amend its Industrial Base Surveys Data Collections regulation by "establishing reporting requirements for the development" of these models and clusters as part of an AI executive order signed by President Joe Biden last year (see 2310300029).
The Census Bureau is updating the Automated Export System with Export Control Classification Numbers and a license code to reflect new export controls over advanced technologies announced last week by the Bureau of Industry and Security (see 2409050028). The update adds multiple new ECCNs to the ECCN reference table in AES, Census said in a Sept. 6 email to industry, and introduces new License Code C70 for License Exception Implemented Export Control (IEC), which authorizes certain technology exports to other countries that have put in place similar restrictions.
A new set of advanced technology export controls announced by the Bureau of Industry and Security this week will apply to quantum computing, semiconductor manufacturing, 3D printing and other critical technologies that BIS said could be used by foreign militaries to harm U.S. national security. The measures, outlined in an interim final rule released Sept. 5, also include a new license exception that could allow U.S. exporters to continue shipping these technologies to a list of close American allies.
Nazak Nikakhtar, acting head of the Bureau of Industry and Security during the Trump administration, blamed the deep state for a lack of urgency in confronting China, during a podcast interview with China Talk. Nikakhtar did not use that term, but said that it was hard for Commerce Department career officials to shift their thinking from promoting exports of goods to restricting exports or investment. Nikakhtar was previously a civil servant herself, working on antidumping and countervailing duty cases and negotiations with China.
Sen. Marco Rubio, R-Fla., said Sept. 3 that the Bureau of Industry and Security is failing to stem the flow of U.S.-made advanced computing chips to China and must take additional steps to stop the “semiconductor leakage.”