The Bureau of Industry and Security clarified and expanded the scope of export controls for certain vaccines and medical products (see 2012090006), the agency said in a final rule effective Jan. 7. The changes align U.S. export controls with decisions agreed to at the Australia Group’s 2019 plenary group. The updated controls also have implications for vaccines related to COVID-19, BIS said.
The Bureau of Industry and Security renewed its temporary export control on certain artificial intelligence software as it prepares to propose the control at multilateral control groups. The control, first issued in January 2020 (see 2001030024), placed unilateral restrictions on geospatial imagery software, adding it to the 0Y521 Temporary Export Control Classification Numbers Series. BIS extended the control for one year, effective Jan. 6, a notice said.
A federal district court judge blocked the Trump administration from enforcing certain sanctions related to the International Criminal Court, saying the sanctions violate free speech rights. The decision, issued Jan. 4 by Judge Katherine Polk Failla in the Southern District of New York, imposes a preliminary injunction on certain sanctions under the International Emergency Economic Powers Act outlined in President Donald Trump’s June executive order against the ICC (see 2006110028 and 2009300003).
The United Kingdom officially began operating its autonomous sanctions and export control regimes Jan. 1 and issued a range of guidance for industry as it left the European Union. The documents include a 32-page guidance covering penalties for breaches of U.K. sanctions, a list of the U.K. sanctions regimes and a host of export control guidance, including new procedures for applying for export licenses.
Four companies said they may have violated U.S. sanctions and export controls after providing products to blocked parties or not complying with licensing requirements, according to their Securities and Exchange Commission filings. The potential violations involve illegal exports of software, providing services to people in embargoed countries, and sanctioned airline activities.
The Federal Emergency Management Agency will continue export restrictions for an amended list of personal protective equipment, FEMA said in a temporary final rule released Dec. 30. The rule, which now also includes syringes and hypodermic needles that deliver vaccines, expands on two previous versions issued by FEMA this year (see 2008060061 and 2004080018) and renews the export restrictions -- which were scheduled to expire Dec. 31 -- through June 30, 2021.
The Treasury and State departments issued guidance on President Donald Trump’s November decision to ban investment in Chinese firms with ties to the country’s military. Treasury issued a list of Chinese military companies and published five new frequently asked questions to offer compliance on the ban, which takes effect Jan. 11, 2021 (see 2011130026).
The Bureau of Industry and Security this month released the full set of comments it received on its pre-rule for foundational technologies (see 2008260045 and 2010070012), including hundreds of pages of feedback from U.S. and global semiconductor companies urging the agency to refrain from imposing narrow, unilateral export controls. BIS also received comments from some of the world’s largest technology companies, including Google and Microsoft, both of which told BIS that its controls could create unmanageable problems for compliance programs.
The State Department published its fall 2020 regulatory agenda. The agenda includes a new mention of a proposed rule to amend the International Traffic in Arms Regulations to allow certain employees involved in ITAR activities to work remotely. The rule will revise the ITAR’s definition of a “regular employee” and clarify the “contractual relationships that meet the definition of regular employee.” The State Department sent the rule for interagency review this month (see 2012080011) and aims to issue the rule in February 2021.
The Bureau of Industry and Security reduced licensing restrictions for certain exports to Ukraine, Mexico and Cyprus by revising their Country Group designations in the Export Administration Regulations (see 2011230010), according to a final rule released Dec. 23. The rule moves Ukraine from Country Group D to County Group B and adds Mexico and Cyprus in Country Group A:6, making more license exceptions available for each country. The changes take effect Dec. 28.