The Office of Foreign Assets Control this week issued new guidance about the exclusions available under Russia-related information technology and software services restrictions that took effect Sept. 12.
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.
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.”
Abigale Belcrest, a former deputy chief of staff at the Bureau of Industry and Security, has joined the Commerce Department’s National Semiconductor Technology Center as a senior policy adviser and project manager, according to their LinkedIn page. Belcrest left BIS in May before temporarily joining the U.S. Economic Development Administration as a policy adviser.
The Bureau of Industry and Security on Aug. 13 completed an interagency review for an interim final rule that could place new export controls on emerging and advanced technologies in coordination with “international partners.”
A new set of export controls on U.S. persons activities and other transactions could require “dramatic expansions” to some companies’ internal compliance programs, Akin Gump said this month, including additional compliance training, end-user certifications and greater due diligence of suppliers and customers.
U.S. export controls are blocking Huawei's access to evidence that it needs to prepare for its upcoming trial on racketeering, trade secret theft and other charges (see 2002130045), the Chinese technology company said in a court filing last week.
A recent federal district court ruling limiting the U.S. anti-smuggling statute to physical goods won't affect export control enforcement efforts on data and other intangible exports sent digitally across borders, lawyers said in interviews. Although the U.S. District Court in Kentucky said a statute barring the unlicensed export of certain merchandise, articles or objects didn't apply to an email with magnet schematics sent to Chinese manufacturers (see 2407290046), lawyers noted that U.S. export control agencies have their own, specific enforcement authorities to regulate those digital transmissions.