C-suite officials need to be more involved in their companies’ export compliance programs, the Bureau of Industry and Security’s top export enforcement official said this week. He also urged businesses to review -- and potentially expand -- their current programs to keep pace with export controls risks, especially as various government agencies work more closely together on investigations, indictments and sanctions.
The Commerce Department is proposing new rules that could require U.S. cloud service providers and their foreign resellers to follow know-your-customer (KYC) requirements, a step the agency said would prevent those services from being used to aid cyberattacks and to train artificial intelligence models that threaten U.S. national security. The proposed regulations are specifically aimed at preventing “foreign malicious cyber actors” from using U.S. infrastructure-as-a-service products to steal American intellectual property and sensitive data, commit espionage, and train large AI models for cyberattacks on U.S. critical infrastructure.
The Bureau of Industry and Security is preparing to announce more “significant” export penalties and corporate resolutions this year, said Matthew Axelrod, the agency’s top export enforcement official. He also said exporters should see more export-related indictments as part of a joint effort with DOJ, and he continued to pitch a BIS funding boost, which would help it hire more export enforcement agents.
Four Democratic lawmakers, including Sen. Elizabeth Warren of Massachusetts, sent Commerce Secretary Gina Raimondo a series of recommendations for strengthening firearms export controls, Warren’s office said Jan. 24.
The two authors of a bipartisan bill to boost U.S. technology competitiveness were lukewarm this week about the prospect of allocating more export control resources to the Commerce Department and stopped short of promising it more money, with one calling on the agency to be more efficient with what it has. And while they said they support Commerce’s updated China-related semiconductor export controls, they also said the U.S. should devote as much attention to expanding trade with close allies as it does to restricting trade with adversaries.
Electronics distribution company Broad Tech System and its president and owner, Tao Jiang of Riverside, California, pleaded guilty Jan. 11 to participating in a conspiracy to illegally ship chemicals made or distributed by a Rhode Island-based company to a Chinese firm with ties to the Chinese military, the U.S. Attorney's Office for the District of Rhode Island announced. Jiang and Broad Tech admitted to violating the Export Control Act and conspiring to commit money laundering.
A 2022 Bureau of Industry and Security policy change has continued to lead to improved Chinese cooperation with BIS end-use checks, an agency official said Jan. 23.
The Bureau of Industry and Security this week expanded its export controls against Russia and Belarus to cover a broader range of items and Harmonized System codes, including more industrial materials and aircraft parts. The agency also added new controls to better restrict exports used in Iran’s drone production, revised the de minimis treatment for certain military and spacecraft-related items, added a new license requirement exclusion and more.
Export Compliance Daily is providing this recap of export control and sanctions enforcement over the past year to assist export compliance professionals, lawyers and others in keeping pace with current enforcement trends. This guide summarizes the most notable enforcement actions by the Commerce Department's Bureau of Industry and Security, the State Department’s Directorate of Defense Trade Controls, the Treasury Department’s Office of Foreign Assets Control and the Department of Justice since Jan. 1, 2023.
Ilya Kahn, a citizen of the U.S., Russia and Israel, was arrested on Jan. 17 for allegedly aiding a scheme to illicitly ship sensitive technology from the U.S. to a sanctioned Russian business, DOJ announced. Kahn was charged in the U.S. District Court for the Central District of California with conspiracy to violate the Export Control Reform Act.