The Bureau of Industry and Security corrected its September revision of the Export Administration Regulations, which implemented export control changes made by the 2018 Wassenaar Arrangement plenary (see 2009100027). The corrections, issued in a notice released Dec. 3, address errors that were “unintentionally introduced” in Export Control Classification Numbers 3A001, 3A002, 3A991, 5A002, 7A005 and 9E003, BIS said. It said the corrections do not change BIS policy or affect licensing requirements.
The Commerce Department again renewed a temporary export denial order for Mahan Airways because the airline continues to violate the order and the Export Administration Regulations, according to a Nov. 24 notice. The Iranian airline has been on the banned list since 2008, with the last denial renewed May 29. The latest renewal is for 180 days beyond Nov. 24, Commerce said.
The State Department announced penalties on foreign entities for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act. The entities transferred items subject to multilateral control lists that contribute to weapons proliferation or missile production, the agency said in a notice released Nov. 24. The entities are: China-based Chengdu Best New Materials Co. Ltd. and Zibo Elim Trade Co.; and Russia-based Aviazapchast, Joint Stock Company Elecon and the Nilco Group. The companies and their subsidiaries are barred from purchasing items controlled on the U.S. Munitions List and by the Arms Export Control Act. The State Department will also suspend any current export licenses used by the companies and bar them from receiving new export licenses for any goods subject to the Export Administration Regulations. Government agencies are barred from entering into procurement contracts with them. The measures took effect Nov. 6.
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The Office of Information and Regulatory Affairs on Nov. 20 completed a review for a final Bureau of Industry and Security rule that will revise country groups for Ukraine, Mexico and Cyprus under the Export Administration Regulations. OIRA received the rule June 25.
The Bureau of Industry and Security amended and clarified provisions in the Export Administration Regulations to promote compliance and better enforce the Export Control Reform Act. BIS also amended other EAR provisions related to licenses, denial orders and civil penalty payments. The changes, outlined in a final rule issued Nov. 17, take effect Nov. 18.
The Bureau of Industry and Security withdrew a proposed rule from the Office of Information and Regulatory Affairs related to its strategic trade authorization (STA) license exception. The rule, which was received by OIRA Aug. 27 (see 2008280022) and withdrawn Nov. 12, would have clarified the “availability” and expanded restrictions on availability of the license exception under the Export Administration Regulations. A BIS spokesperson said the agency is still considering proposing the rule. “The rule was withdrawn for further informal interagency consultation,” the spokesperson said.
More than 20 industry groups urged the Bureau of Industry and Security to be cautious as it considers controls over foundational technologies (see 2008260045), saying the wrong approach could stifle innovation, damage U.S. competitiveness and lead to costly shifts in global supply chains. The groups said any new controls should only be imposed after a calculated process with significant input from industry, and should include license exceptions and exclusions.
Arena Solutions and Trade Compliance Group will partner to help regulated manufacturers understand export control laws, the companies said in a Nov. 10 news release. Arena Solutions provides product development services for the high tech, consumer electronics and medical device industries. “Many companies are either unaware or ill-prepared to meet [International Traffic in Arms Regulations] and [Export Administration Regulations],” Arena Solutions CEO Craig Livingston said. “Our platform provides a secure way to manage product development and management across the full lifecycle, and we are excited to have TCG provide import and export compliance consulting to our customers.”
The Bureau of Industry and Security extended the comment period for an information collection related to foreign importer certificates, end-user certificates, delivery verification certificates and firearms entry clearance requirements, a notice released Nov. 9 said. BIS said it wants more feedback on its collection for import and end-user certificates -- which are “obtained by the foreign importer and transmitted to the U.S. exporter” -- and delivery verification for BIS-controlled items. The agency is also seeking feedback on its information collection for firearms clearance requirements, which have changed due to the recent transfer of certain firearms controls from the State Department. “The Department of Commerce controls the [Commerce Control List] and must now take over this collection of information,” BIS said. The “entry clearance requirements for temporary imports will specify the [Export Administration Regulations] procedures for temporary imports and subsequent exports.” Comments are due Dec. 10.