Congress may want to consider modifying U.S. export control regulations given the changing assumptions about the pace of technological development and the obstacles that presents for government agencies, the Congressional Research Service said in a report this month. The 40-page report suggests the U.S. may seek to review the Export Control Reform Act, which was drafted with “embedded assumptions about the pace of technological development” that may no longer be true, the report said.
The Bureau of Industry and Security is drafting a proposed rule that could make “enhancements” to and simplify License Exception Strategic Trade Authorization, which authorizes certain exports to trusted U.S. allies if the foreign importer certifies that they won’t reexport the item outside a list of STA countries. BIS sent the rule for interagency review Sept. 8. The agency has said it wants more exporters to use the license exception, which could help expedite certain exports and reduce workload for the government (see 2209280042).
The Bureau of Industry and Security is drafting a proposed rule to revise license exception Additional Permissive Reexports, which allows certain reexports of controlled U.S. items from U.S. allies, including those listed under Country Group A:1 of the Export Administration Regulations. BIS sent the rule for interagency review Sept. 1. The agency in 2020 proposed reducing the number of countries eligible for the license exception, but trade groups and companies said the move could damage U.S. competitiveness (see 2009220037).
The State Department concluded an interagency review for a final rule that would amend certain export restrictions involving Cyprus within the International Traffic in Arms Regulations. The agency sent the rule to the Office of Information and Regulatory Affairs Aug. 17, and the review was completed Aug. 30. The agency earlier this month said it plans to again renew a measure that temporarily suspends restrictions on certain defense exports to Cyprus (see 2308210013).
The Bureau of Industry and Security this week released a second correction to its final rule earlier this month that expanded the scope of its nuclear-related export controls on China and Macau (see 2308110019). The correction fixes the Commerce Country Chart that was included in the original final rule. BIS also made a fix to the rule Aug. 17, correcting an "inadvertent error” in the rule’s “regulatory instructions” (see 2308170064).
The Bureau of Industry and Security sent a final rule for interagency review that would align its export controls with changes recently made by the multilateral Missile Technology Control Regime. The final rule, sent to the Office of Information and Regulatory Affairs Aug. 25, would revise the Export Administration Regulations with MTCR decisions from 2018, 2019, 2021 and 2022. The rule also would make revisions to the eligibility of one or more license exceptions.
The Bureau of Industry and Security sent a final rule for interagency review that could align its export controls with certain changes made by the Australia Group, a multilateral export control forum that focuses on chemical and biological weapons. The rule was sent to the Office of Information and Regulatory Affairs Aug. 25.
The State Department will again extend a September 2020 rule that temporarily suspended restrictions on certain defense exports to Cyprus, the agency said last week. The 2020 rule (see 2009020045) amended the International Traffic in Arms Regulations to relax restrictions surrounding exports of nonlethal defense goods and services to Cyprus, and also eased restrictions on reexports, retransfers and temporary imports. The agency has extended the rule each year since (see 2209190009 and 2211210028). The State Department plans to soon publish a Federal Register notice to reflect the renewal, which will apply for FY 2024, the Directorate of Defense Trade Controls said.
The State Department sent a final rule for interagency review that could loosen export restrictions on certain controlled defense shipments and services for Ethiopia. The rule, sent to the Office of Information and Regulatory Affairs Aug. 17, would remove Ethiopia from the International Traffic in Arms Regulations’ list of proscribed countries. Those countries are generally subject to a license review policy of denial.
The Bureau of Industry and Security sent a proposed rule for interagency review that could lead to new export restrictions related to illegal cyber-related activity. The rule, sent to the Office of Information and Regulatory Affairs Aug. 16, is titled: “Taking Additional Steps to Address the National Emergency with Respect to Significant Malicious Cyber-Enabled Activities.”