If elected, Joe Biden will likely continue the U.S.’s strict export control and sanctions policy against China, Venezuela and Russia but may reverse U.S. sanctions against Iran, said Johann Strauss, a trade lawyer with Akin Gump. Biden would also approach trade restrictions more multilaterally as opposed to Trump’s tendency to pursue unilateral restrictions, Strauss said.
The Bureau of Industry and Security is allowing exporters to request a six-month extension for their export licenses, due to the COVID-19 pandemic, BIS said in an Oct. 17 notice. Licenses are eligible for the extension if they expire on or before Dec. 31, BIS said, adding that extensions will be granted in “most cases.” Exporters can apply for the extension by emailing LicenseExtensionRequest@bis.doc.gov and can expect to hear back from BIS within two to three business days.
The White House released a national strategy for critical and emerging technologies that it said will better synchronize agency efforts amid technology competition with China. The strategy builds on export control efforts carried out by the Commerce Department, a senior administration official said, and will allow government offices to better align their strategies as the U.S. restricts Chinese access to sensitive U.S. technologies.
The U.S. needs a “technology-specific” trade policy as it pursues export controls over emerging technologies to limit impacts on industry, the Strategic Trade Research Institute and the University of Maryland Center for International and Security Studies said in a report released Oct. 13. The report analyzes three categories of items that it calls “chokepoint technologies” -- position, navigation and timing (PNT), quantum computing, and computer vision -- and examines the feasibility of trade controls on each category. The report stresses that while some items, including PNT technologies, can be controlled, others, such as computer vision technologies, are widely commercially available and should not be restricted.
The Treasury Department issued updated guidance on Hong Kong-related sanctions and the State Department issued a report to Congress under the Hong Kong Autonomy Act, the agencies said Oct. 14.
The House Foreign Affairs Committee is reviewing new export controls on items related to semiconductors, potentially including design elements and software, said Rep. Michael McCaul, R-Texas. McCaul said some U.S. export restrictions may need to be strengthened to address continuing Chinese attempts to steal U.S. technologies.
The Bureau of Industry and Security should be careful not to place overly broad, unilateral export restrictions on items for crowd control reasons if the controls disproportionately hurt U.S. competitiveness, industry told BIS in comments released this month. But some commenters, including a human rights advocacy group and a Congress member, called for new export restrictions and suggested existing controls -- especially on technologies that contribute to Chinese human rights abuses -- should be tightened.
The Office of Foreign Assets Control announced a range of sanctions targeting 17 major Iranian banks for operating in the country’s financial sector and one Iranian bank for being affiliated with the Iranian military. The agency also issued a general license authorizing certain transactions with the banks and announced a 45-day wind-down period for activities involving non U.S. people and companies.
The Bureau of Industry and Security removed 40 entries and added 26 others to its Unverified List, the agency said in a final rule released Oct. 8. BIS removed the 40 entries -- located in China, Hong Kong, Indonesia and the United Arab Emirates -- after verifying their “legitimacy and reliability” relating to the end use of items subject to the Export Administration Regulations or because their companies are no longer “involved in U.S. exports.” BIS added the 26 others -- located in Armenia, Finland, Hong Kong, Germany, Pakistan, Turkey, the UAE, Mexico and China -- because it was unable to verify their “bona fides” through an end-use check. The changes take effect Oct. 9.
The Bureau of Industry and Security imposed a license requirement on certain exports of water cannon systems and revised its licensing policy for crime control (CC) items. The moves will place more oversight on exports that have potential to be used for human rights violations, BIS said in final rules released Oct. 5. Both rules take effect Oct. 6.