The Bureau of Industry and Security this week published two public comments it received on a May rule that proposed unilateral export controls on four dual-use biological toxins (see 2205200017). One comment, from Raytheon BBN, addresses the “feasibility of regulating access” to nodularin, brevetoxin, palytoxin and gonyautoxin, the four toxins that BIS said can be weaponized to kill people or animals, “degrade equipment” or damage the environment. The second comment, from Bill Root, a frequent public commenter during the agency’s technical advisory committee meetings, includes recommendations for revisions to the rule. Root also said the controls must be accompanied by “major changes” to the State Department’s International Traffic in Arms Regulations and “the regulations of other affected U.S. agencies.”
The U.S.-EU Trade and Technology Council’s Export Control Working Group will hold another stakeholder outreach meeting July 19 (see 2110260011 and 2206010007). The working group will solicit feedback and “ideas for future initiatives,” and the meeting will provide an opportunity for industry, academia and others to discuss with EU and U.S. officials “priorities for export control cooperation.” Registration closes July 15.
NSO Group, an Israeli cybersecurity company, has hired lobbyists, law firms and public relations companies in an effort to remove itself from the Commerce Department’s Entity List, ProPublica reported July 12. The company, which was added to the Entity List in November (see 2111030010), has invested hundreds of thousands of dollars in the past year in an effort to influence lawmakers, think tanks and media outlets, the report said. NSO hopes to raise the issue during an upcoming meeting between President Joe Biden and Israeli Prime Minister Yair Lapid during Biden’s trip to the Middle East this week, the report said. An NSO spokesperson didn’t comment.
It’s unclear whether the Bureau of Industry and Security's decision to stop differentiating between emerging and foundational technologies under the Export Control Reform Act (see 2205200017) will have any real impact on export controls, law firms said. Torres Trade Law said this month that “only time will tell” if the change allows BIS to impose the controls more quickly, but companies should closely monitor the pace of upcoming restrictions, especially if they’re dealing in “cutting-edge technologies.”
U.S. officials are urging the Netherlands to ban ASML Holding from selling certain chipmaking technology to China, Bloomberg reported July 5. The U.S. is hoping the Netherlands expands an existing moratorium on the sale of the “most advanced systems” to China, the report said, and “ significantly” expand the type of chipmaking equipment subject to China-related export restrictions. American officials are specifically lobbying their Dutch counterparts to ban ASML from exporting its older deep ultraviolet lithography, or DUV systems, to China, the report said. U.S. officials discussed the issue with the Dutch government during Deputy Commerce Secretary Don Grave’s recent visit to the Netherlands.
The Bureau of Industry and Security this month updated its “Don’t Let This Happen To You” guidance, which includes summaries and case examples of past export control investigations. The 65-page document also includes an overview of the BIS Office of Export Enforcement, the agency’s various authorities and a section on BIS enforcement priorities, which specifically names China, Russia, Iran and North Korea.
The State Department’s Directorate of Defense Trade Controls released its annual report to Congress on certain controlled defense exports. The report, released June 30, details the aggregate value and quantity of defense items and services authorized to each foreign country and international organization during FY 2021.
The Bureau of Industry and Security is still reviewing export controls on facial recognition software, surveillance-related products and other goods controlled for crime-control reasons, but it may move forward on the rule soon, a Commerce Department official said.
The Bureau of Industry and Security has received very few license applications and questions related to its cybersecurity export control rule since it took effect in March (see 2110200036 and 2201110025) but is open to issuing more guidance to industry if needed (see 2205050023), a Commerce Department official said during the BIS annual update conference last week.
The Bureau of Industry and Security plans to add more attorneys to its chief counsel's office to keep pace with its Russia-related export controls, a Commerce Department official said during the BIS annual update conference last week. The counsel has about 15 lawyers but expects to add more “in the coming months,” said the official, speaking on background as part of a conference policy for career staff. “It really has been unprecedented times over the past six months,” the official said, adding that the counsel’s office wants “to make sure that we can match” the rest of the agency “as the amount and intensity of work continues.”