The Commerce Department and the State Department are considering final rules that would revise export controls for goods destined to Cambodia. Under its final rule, Commerce’s Bureau of Industry and Security would revise certain restrictions for Cambodia under the Export Administration Regulations, while the State Department would add Cambodia to its list of proscribed countries in the International Traffic in Arms Regulations. Both agencies sent their respective rules for interagency review Nov. 16.
Qualcomm supports “targeted and rule-based export controls” as one of several long-term federal policy recommendations for curing the semiconductor shortage, the chipmaker told the Bureau of Industry and Security in comments posted Nov. 10. Washington should “control emerging technologies,” consistent with the 2018 Export Control Reform Act, by imposing targeted and rule-based export controls and avoid disrupting semiconductor supply, especially in legacy node chipsets,” Qualcomm said. “Unilateral controls would only hinder Qualcomm and other U.S. companies from selling in foreign markets, undermining their R&D investments and disadvantaging them against their foreign competitors.” Some international rivals already have “both the technology capability and funding to develop global leadership in these areas,” it said. Submissions to BIS were due Nov. 8 for the agency's September request for information as it prepares a report to the White House on the chip shortage and semiconductor supply chain issues (see 2109230018).
The Bureau of Industry and Security on Nov. 12 issued a new 16-page guidance on its recently issued export controls on certain cybersecurity items, which take effect Jan. 19 (see 2110200036). The guidance includes 29 frequently asked questions on how the items will be controlled, how BIS defines certain control terms, when licenses are required for cybersecurity exports and more. The FAQs also define the term “government end-user” under new License Exception Authorized Cybersecurity Exports (ACE), and list situations when a license requirement is triggered for cybersecurity exports, when universities may need a license for teaching and training, and when certain carve-outs apply.
The State Department amended the International Traffic in Arms Regulations to reflect the sanctions imposed against Ethiopia and Eritrea last month (see 2109170036 and (see 2109200006). The agency revised the ITAR to “codify” that the U.S. will adopt a policy of denial for export licenses for defense articles and services to certain end-users in those countries, according to a notice. The policy of denial applies to defense exports to or for “armed forces, police, intelligence, or other internal security forces” for both Ethiopia and Eritrea. The agency also revised the ITAR to make certain technical and administrative changes to reflect the new policy. The changes are effective Nov. 1.
The Bureau of Industry and Security on Oct. 28 updated its guidance on the Foreign-Produced Direct Product Rule to further clarify situations when goods are subject to the FDP rule and require a license. The guidance, which includes a set of frequently asked questions (see 2012210044), now includes new FAQ No. 4 under the "supply chain" subheading, which starts on page four and continues onto page five, a BIS spokesperson said.
The Bureau of Industry and Security plans to implement more emerging technology controls during this fiscal year, Karen Nies-Vogel, BIS’s director of the Office of Exporter Services, said, speaking briefly during an Oct. 28 meeting of the Emerging Technology Technical Advisory Committee. Nies-Vogel said the agency has so far issued 38 emerging technology controls and is “looking forward” to implementing more in the coming months and “years to come.”
The U.S.-European Union Trade and Technology Council released the agenda for its Oct. 27 virtual meeting on dual-use export controls (see 2110210007). Bureau of Industry and Security, State Department and EU officials will provide an update on EU and U.S. export control regulations and perspectives on “current export control challenges.” The officials also will hold an open discussion with “stakeholders” on export control priorities.
Rep. French Hill, R-Ark., opened up a discussion on a recent report on targeted decoupling based on risk, with a focus on artificial intelligence, at a virtual event at the Center for Strategic and International Studies Oct. 22. Hill said the discussion was "long overdue," and that China's direction is "squarely in conflict with the global order, balance of power in East Asia, and the continued open, market-based trading system."
The House Foreign Affairs Committee's release of export licensing information for Huawei and China’s chipmaker SMIC (see 2110210073) may not present an accurate picture of licensing approvals and may mislead industry, the Commerce Department said Oct. 22. Although the agency approved more than a combined $100 billion worth of export licenses for shipments to Huawei and SMIC from November 2020 through April, the statistics didn’t reflect pending applications set to be denied, which would have significantly lowered the percentage of approved applications for both companies.
The Bureau of Industry and Security completed an interagency review of a pre-rule that would propose new export controls on certain brain-computer interface (BCI) technologies. The rule, which was sent to the Office of Information and Regulatory Affairs Oct. 5 (see 2110060006) and completed Oct. 19, will seek to determine whether BCI items are emerging technologies and whether effective controls can be put in place. BIS plans to ask for public comments in the pre-rule.