Semiconductor industry officials are preparing to push for export control modernization over certain electronics on the Commerce Control List, which they say will help controls avoid unintended consequences on U.S. companies and more accurately reflect national security concerns. The effort, led by the Semiconductor Industry Association, will look to convince the Bureau of Industry and Security to update certain control parameters and definitions, and make technical changes in Category 3 of the CCL, which officials view as out of date.
The Court of Appeals for the Ninth Circuit removed a preliminary injunction against the State Department in an April 27 decision, allowing the agency move 3D-printed weapons off the U.S. Munitions List and onto the Commerce Control List. A State rule issued in 2020 would have made that change, but it was partly blocked as part a lawsuit filed by 20 states.
The Bureau of Industry and Security fined a Maryland company and its owner $42,000 for illegally exporting crime control items, BIS said in an April 15 order. The agency said Panther Trading Company (PTC) of Landsdowne and its owner, Harsimran Singh, illegally exported $11,000 worth of crime control equipment to Mexico, $22,000 worth of goods to the Dominican Republic and helped a Nigerian buyer buy $12,343 worth of goods.
The U.S. and China saw an uptick in trade restrictions during the first few months of 2021, and companies should expect more compliance challenges as they continue to contend with a variety of export controls and sanctions issues from both countries, law firms said.
President Joe Biden has yet to choose a leader for the Bureau of Industry and Security, leaving the agency without a clear direction as it considers competing visions for the direction of American technology policy. The rival factions seeking to influence Biden’s choice underscore how much of an outsized role the once relatively unknown agency will play in implementing the Commerce Department’s efforts to outpace China in emerging technologies and control what lawmakers say is an overdue set of critical technologies.
The Bureau of Industry and Security added Myanmar to its list of countries subject to military intelligence end-use and end-user (MIEU) controls, the agency said in a notice. It also made several technical corrections to the original MIEU rule, which was issued in January and took effect March 16 (see 2101140035). The interim final rule takes effect April 9.
The Bureau of Industry and Security added seven Chinese entities to the Entity List for procuring U.S.-origin items in a way that harms U.S. national security, BIS said in an April 8 final rule. The seven “supercomputing entities” also support China’s military and help it develop modern weapons, the Commerce Department said.
The Bureau of Industry and Security added seven Chinese “supercomputing” entities to the Entity List for procuring U.S.-origin items in a way that harms U.S. national security and supports China’s military, BIS said in a final rule that takes effect today. The rule imposes a license requirement for all items subject to the Export Administration Regulations, and BIS will impose a license review policy of presumption of denial. No license exceptions will be available.
The Office of Foreign Assets Control issued guidance April 5 clarifying that it generally won’t pursue sanctions against humanitarian-related transactions or exports to Syria as long as the items wouldn’t normally require an OFAC license. The guidance was issued about a week after the U.S. committed to providing more humanitarian aid to respond to the Syria crisis.
The Bureau of Industry and Security's decision to eliminate reporting requirements for encryption items (see 2103260019) should substantially ease reporting burdens for certain companies, law firms said. Although the changes will affect a narrow set of exports, they’re expected to provide significant relief for companies that ship mass market encryption items or publish source code software online, the firms said.