China released new dual-use export control regulations Oct. 19, including details about its export licensing system, how Beijing will verify end-users of export-controlled items, how the rules may apply outside the country, and a method for adding restricted foreign importers, end-users and others who violate Chinese export controls to a new “control list.”
Banks should consider investing in additional processes and technology to adhere to the Bureau of Industry and Security’s new export compliance guidance for financial institutions, Sheppard Mullin said in a blog post last week.
New proposed rules for U.S. surveillance technology exports will help protect human rights worldwide, but additional steps should be taken to ensure American-made products aren't used to commit abuses, Freedom House said last week.
The Bureau of Industry and Security is soliciting public comments on the effectiveness of its export licensing procedures for agricultural commodities to Cuba, it said in a notice. The agency plans to include a “description” of any comments it receives in a report that it must submit every two years to Congress as part of the Trade Sanctions Reform and Export Enhancement Act of 2000. Along with those comments, the report will include Cuba-related licensing data for the two-year period from Oct. 1, 2022, through Sept. 30, 2024. Comments are due Nov. 15.
The Bureau of Industry and Security recently updated a table on its website that lists which countries are eligible for License Exception Implemented Export Controls, an exception unveiled Sept. 5 that allows exporters to ship certain quantum computing items, chip machines and other advanced technologies without a license (see 2409050028). In a final rule, BIS said it updated the table on Sept. 17 by adding Denmark, Finland and Japan “to appropriate items in the table.” It also revised the table’s URL to be “shorter and simpler” and made other minor changes. The final rule is effective Oct. 16.
The Bureau of Industry and Security has completed a round of interagency review for a final rule that could remove export licensing requirements for certain spacecraft and related items destined to Australia, Canada and the U.K. BIS sent the rule to the Office of Information and Regulatory Affairs Aug. 30 (see 2409030005), and the review was completed Oct. 10.
Beijing held a national conference on export controls last week, where government officials summarized Chinese export control actions over the past year and “studied and arranged the next key tasks,” according to an unofficial translation of a notice from China’s commerce ministry. Officials called for an “improvement of the modern national export control system” and added that export controls play “an increasingly important role in safeguarding national sovereignty, security, and development interests and promoting high-quality development of trade,” the ministry said.
The State Department has completed a round of interagency review for a proposed rule that could revise the International Traffic in Arms Regulations by updating export controls on certain launch vehicles, ballistic missiles and other items in Category IV of the U.S. Munitions List and spacecraft and related items in Category XV of the USML. The rule, sent to the Office of Information and Regulatory Affairs Sept. 17 and completed Oct. 10, would "describe more precisely the articles warranting control on the USML," the agency said, and build on an advance notice of proposed rulemaking issued in March 2019 that solicited comments on the changes.
The Bureau of Industry and Security last week completed rounds of interagency review for two rules that could revise its space-related controls.
Companies affected by Norway’s recently announced export controls on emerging technologies should “act promptly” to make sure their exports don’t raise any legal or reputational risks, including by updating internal compliance programs, training employees on new licensing requirements and correctly classifying their goods and technology, the law firm Wikborg Rein said in an October client alert. The firm also said companies should review their current business dealings to identify any transactions that will require a license after the new controls take effect Nov. 1.