Companies should expect the Bureau of Industry and Security to continue a steady pace of penalties against export violators, particularly for cases involving semiconductors and other advanced technologies, said Gregory Dunlap, the former special agent in charge of the agency’s Los Angeles field office. And if Congress grants the agency’s request for more funding, Dunlap said, BIS could soon have the resources to more quickly carry out investigations and probe a greater number of exporters.
The Bureau of Industry and Security last week rescinded China-related export restrictions on multiple electronic design automation companies and a gas and oil pipeline company, a move that came less than a month after Washington and Beijing reached an agreement to rein in their respective export curbs.
The Bureau of Industry and Security fined a California semiconductor developer and supplier $4.25 million for violating U.S. export controls against Huawei, saying it illegally forwarded more than 1,500 power controllers, smart power stages and related accessories to the Chinese company without a license.
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The Bureau of Industry and Security could streamline and strengthen its export license review process by improving its information sharing with other agencies involved in the process, especially the Defense, Energy and State departments, according to a new report by the Government Accountability Office.
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As the Bureau of Industry and Security asks for more funding from Congress to improve its enforcement and technological capabilities, the agency could benefit from more information about controlled exports leaving third countries, said Matt Borman, a former senior BIS official. He also stressed the importance of the U.S. carefully calibrating any new export controls, and said its current semiconductors restrictions have successfully slowed China from producing the most advanced chips.
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A Texas-based industrial equipment supplier and its former CEO were fined millions of dollars for intentionally violating sanctions and export control laws, but the U.S. declined to prosecute its parent company after the firm voluntarily disclosed the violations and cooperated closely with DOJ’s investigation.
David Peters, President Donald Trump’s nominee to be assistant secretary of commerce for export enforcement (see 2504300061), said June 12 that he would “aggressively” enforce U.S. export controls to ensure sensitive American technology doesn’t end up in the hands of adversaries.