The Bureau of Industry and Security sent an interim final rule for interagency review this week that could update U.S. export controls on certain semiconductor manufacturing items and make modifications to the Entity List. The rule was sent to the Office of Information and Regulatory Affairs Oct. 4. A BIS spokesperson declined to comment about what the rule will entail.
Chip export news
U.S. allies in Europe and Asia would support new efforts to coordinate on export controls for advanced technologies, including semiconductors, panelists said during an event this week hosted by the Center for Strategic and International Studies. But they also said those same countries don’t believe the world needs a new dual-use multilateral export control regime to replace the Wassenaar Arrangement, even though Russia remains a member and can block proposals.
A large group of House members, including some of the most powerful Republicans in the chamber, are asking the U.S. trade representative to tell the EU to designate the U.S. as a "low-risk" country under its new deforestation-free regulation. Exporters of wood products must be in compliance with the law beginning Jan. 1, 2025.
LONDON -- The Bureau of Industry and Security is increasingly sending out is-informed letters to warn companies that some of their currently unrestricted products need an export license before they can be shipped, said Nancy Fischer, a Pillsbury trade lawyer. Some companies receiving the letters view them as unfair, Fischer said, particularly because BIS doesn’t always send similar letters to their competitors.
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LONDON -- The Bureau of Industry and Security is noticing a sharp uptick in low-level U.S. microelectronics exports to countries that weren’t involved in semiconductor-related shipments before Russia’s 2022 invasion of Ukraine, said Liz Abraham, senior adviser for international policy at BIS. She said BIS is looking at creative ways to potentially restrict some of those shipments, even though many of them are designated under the Export Administration Regulations as EAR99 -- items that generally don’t require an export license.
LONDON -- The Bureau of Industry and Security hopes to publish the final version of its Oct. 7 China chip controls in October, said Liz Abraham, senior adviser for international policy at BIS.
The Bureau of Industry and Security needs more resources to investigate export control violations, Commerce Secretary Gina Raimondo said this week. She also said a potential government shutdown would be “crushing” for the agency’s enforcement efforts and work on semiconductor export regulations.
A new Defense Department policy memo and guidance on foreign influence within American research institutions could exacerbate already complex export control due diligence challenges at universities, said Jackson Wood, director for industry strategy at Descartes. It also could lead to larger compliance risks for universities pursuing DOD-funded research, said Kit Conklin of compliance risk advisory firm Kharon.
On a panel on critical minerals ally-shoring, panelists representing the perspective of Latin America, the U.S., the EU and, to some degree, China, agreed that the current race to lock down supplies of the raw materials needed for advanced batteries, wind turbines and computer chips is one where every man is out for himself, and resource-rich countries in the Global South are exploited.