The Bureau of Industry and Security is seeking public comments on an information collection involving the Chemical Weapons Convention provisions in the Export Administration Regulations, the agency said in a notice. The collection describes the purpose of the CWC, U.S. reporting obligations and information on certain end-use certificates. Comments are due by Sept. 20.
The Bureau of Industry and Security extended by 30 days the comment period for an information collection related to statements by the ultimate consignee and purchaser of U.S. exports (see 2103220006), it said in a notice. The collection involves Form BIS-711, which provides information on the foreign importer receiving the U.S. technology, describes how the technology will be used and “provides assurances” that the technology will not be used in violation of the Export Administration Regulations. Comments are now due by Aug. 20.
The U.S. released an advisory to highlight the sanctions and export controls risks for companies doing business in Hong Kong and announced a new set of Hong Kong designations July 16. The advisory, issued by the State, Treasury, Commerce and Homeland Security departments, describes “considerations” for businesses operating in “this new legal landscape,” which includes several sanctions regimes targeting Beijing and Hong Kong.
The Bureau of Industry and Security added six Russian entities to the Entity List for activities that threaten U.S. national security and foreign policy, the agency said in notice. The entities operate in Russia’s technology sector and support the country’s intelligence services, BIS said. The Treasury Department sanctioned all six companies in February under President Joe Biden’s executive order that targeted Russia’s defense and technology sectors and its attempts to influence foreign elections (see 2104150019). BIS also corrected one existing Russian entry on the Entity List. The rule is effective July 19.
The Bureau of Industry and Security is again considering a rule that would make changes to its Strategic Trade Authorization license exception. The proposed rule, which was sent for interagency review June 13, would clarify the availability and expand restrictions on the availability of license exception STA under the Export Administration Regulations. BIS sent the rule for review last year but eventually withdrew it to conduct “further informal interagency consultation” (see 2011130008). STA authorizes certain exports, reexports and transfers of software source code and technology to foreign nationals in lieu of a license that would normally be required.
The Bureau of Industry and Security will add six Russian entities to the Entity List for activities that threaten U.S. security and foreign policy, it said in a notice released July 16. The entities, previously sanctioned by the Treasury Department under President Joe Biden’s February executive order, operate in Russia’s technology sector and support the country’s intelligence services, the agency said in the notice, which is scheduled to take effect upon publication of the notice July 19. BIS will impose a license requirement for all items subject to the Export Administration Regulations and a license review policy of presumption of denial. No license exceptions will be available. BIS also corrected one existing Russian entry on the Entity List.
Companies are continuing to see heavy U.S. enforcement surrounding Chinese attempts to steal U.S. trade secrets, and the government is increasingly expecting U.S. companies to voluntarily disclose violations surrounding those and other cases, lawyers said. The U.S. is hoping to increase enforcement by incentivizing companies to self-disclose sanctions and export control compliance mistakes, especially through the Department of Justice's revised disclosure policy guidelines (see 1912130047), the lawyers said.
The Bureau of Industry and Security added 34 entities under 43 entries to Entity List, BIS said in a final rule. Fourteen of those entities are based in China and “have enabled Beijing’s campaign of repression, mass detention, and high-technology surveillance against Uyghurs, Kazakhs, and members of other Muslim minority groups in the Xinjiang Uyghur Autonomous Regions of China (XUAR), where the PRC continues to commit genocide and crimes against humanity,” the Commerce Department said in a news release. Another five of the entities were “directly supporting PRC’s military modernization programs related to lasers and C4ISR programs, Commerce said.
The Bureau of Industry and Security will add four Myanmar entities to the Entity List July 6 for their support of the country’s Ministry of Defense, including through funding and the provision of telecommunications services, the agency said in a notice. BIS will also correct the address for an existing Myanmar entity on the list. The companies “pose a significant risk of being or becoming involved” in activities contrary to U.S. national security and foreign policy interests, BIS said, adding that the license restrictions will support U.S. efforts to return democracy to Myanmar.
International trade lawyer Matt Lapin joined Porter Wright as a partner in the firm's Washington office, according to a June 28 press release. Lapin, previously with Torres Law, brings with him experience on export controls and international trade law, including compliance efforts with the International Traffic in Arms Regulations and Export Administration Regulations. He also advises on the Foreign Corrupt Practices Act and other domestic and international anti-bribery laws.