The U.S. announced a new set of sweeping Russia-related export controls and sanctions this week to mark the two-year anniversary of Moscow’s invasion of Ukraine and to respond to Russian opposition figure Alexei Navalny's death in prison. The measures include nearly 100 additions to the Commerce Department’s Entity List and more than 500 sanctions designations by the Treasury and State departments in what the U.S. said is its largest single tranche of designations since Russia began the war in 2022.
Industry lawyers and advisers see the Bureau of Industry and Security's revamped voluntary disclosure policies as a positive set of moves that could reduce compliance burdens on exporters and encourage more companies to come forward with tips about their competitors. But at least one former government official said corporations should remain skeptical about the changes until BIS offers more clarity about how it will implement them in practice.
House Oversight Committee Chairman James Comer, R-Ky., said Feb. 15 that he has issued a subpoena to the Commerce Department for documents relating to the Bureau of Industry and Security’s recent 90-day pause in issuing new commercial firearms export licenses.
Exporters and industry groups warned the Bureau of Industry and Security this month about placing new eligibility restrictions on License Exception Strategic Trade Authorization (STA) for several technologies critical to their businesses, saying that could disrupt their supply chains and saddle the agency with an influx of license requests. At least one company urged BIS to launch what it said is a much-needed review of its space-related export controls, which could benefit from the license exception but that haven’t been overhauled since 2017.
The Bureau of Industry and Security is seeking comments, due by April 9, on an information collection related to a request for appointment of a technical advisory committee. The collection describes the functions and responsibilities of the Commerce Department TACs, which "advise the government on proposed revisions to export control lists, licensing procedures, assessments of the foreign availability of controlled products, and export control regulations.”
The Bureau of Industry and Security issued a proposed rule this week to amend the agency’s Defense Priorities and Allocations System regulation. Proposed changes include clarifying the “existing standards and procedures” by which BIS may provide special priorities assistance, providing “transparency and differentiation between other departments’ priorities” and the Commerce Department’s jurisdiction, and other technical edits. Public comments on the changes are due March 8.
The Bureau of Industry and Security should get a “significant” funding boost next year so its export control authorities can keep pace with emerging technologies and so its enforcement branch can continue increasing penalties on violators, the top Democrats on the Senate Banking Committee said this week.
Technology companies, trade groups, think tanks and researchers urged the government to be cautious as it evaluates its semiconductor-related export controls and prepares new ones, warning that misguided restrictions could cede American technology leadership to China, hurt the competitiveness of U.S. companies and raise the complexity of an already fraught compliance landscape.
Rep. Ann Wagner, R-Mo., announced Jan. 31 that she has introduced a bill to revamp U.S. export control processes to make it harder for China and other “foreign adversaries” to obtain sensitive technology.
The Commerce Department is reportedly investigating whether autonomous-trucking company TuSimple violated U.S. export controls.