Export Compliance Daily is providing readers with the top stories for Sept. 28-Oct. 2 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The State Department is working to improve its new online licensing system and wants to establish an industry working group to help the system run smoothly, said Karen Wrege, chief information officer at the Directorate of Defense Trade Controls. Wrege said she was surprised at how quickly industry acclimated to the Defense Export Control and Compliance System (see 2002040060 and 1905070055), which she said has made export licensing processes easier for those working remotely due to the COVID-19 pandemic.
A Brazilian government official said that a U.S.-Brazil agreement that covers trade facilitation, best regulatory practices and anti-corruption chapters is in legal scrub, and that should be done by mid-October. “We hope to have them signed this month,” said Yana Dumaresq, assistant deputy minister for foreign trade and international affairs. Joseph Semsar, the lead negotiator from the Commerce Department on this agreement, said that the two administrations are aligned, and “this is a unique opportunity to get things done that seemed unattainable.”
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.
The Bureau of Industry and Security on Oct. 2 announced new export controls (see 2008100013 and 2005190052) on six emerging technologies. The controls, which were agreed to by Wassenaar Arrangement members during its 2019 plenary, include:
A former U.S. official and a Senate staffer who worked closely with the Committee on Foreign Investment in the U.S. criticized the Bureau of Industry and Security’s handling of emerging and foundational technologies, saying the lengthy process is impeding the work of CFIUS. David Hanke, the former staffer and architect of the Foreign Investment Risk Review Modernization Act, called CFIUS’s reliance on BIS’s export control effort a “deeply flawed system,” while Nova Daly, the Treasury Department’s former deputy assistant secretary for investment security and policy, acknowledged the process is difficult but said BIS should move faster.
The Office of Foreign Assets Control issued guidance Oct. 1 on the sanctions risks of facilitating ransomware payments. The guidance urged companies to refrain from facilitating payments “on behalf of victims” of cyberattacks because they encourage future payment demands and may risk sanctions violations.
The administration should increase export controls and sanctions pressure on China, place more scrutiny on Chinese foreign direct investment and push for the modernization of multilateral export regimes, the House’s Republican-led China Task Force said in a Sept. 30 report. It urged the administration to act quickly, saying China and other U.S. “adversaries” are flouting international export control laws and undermining U.S. technology industries.
The State Department issued the final version of its guidance on exports of surveillance technology (see 1909040071 and 1911060049), which includes definitions and guidance principles for companies to weigh before exporting sensitive items to potential human rights abusers. The Sept. 30 guidance expands on the agency’s initial definition of human rights due diligence and offers a range of red flags and due diligence considerations, but did not significantly narrow its definition for surveillance items, despite requests from industry.
Export Compliance Daily is providing readers with the top stories for Sept. 21-25 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.