The Bureau of Industry and Security outlined its licensing policy for the 14 additions to the Entity List announced earlier this week (see 2103020067) and made several corrections to the list, a final rule released March 2 said. BIS will impose a license requirement for all items subject to the Export Administration Regulations that are destined to the 14 Russian, German and Swiss entities, the rule said. The license requirement will also apply if any of the entities acts as a “purchaser, intermediate consignee, ultimate consignee, or end-user,” BIS added, and no license exceptions will be available. All exports and reexports that now require a license as a result of the Entity List additions but were aboard a carrier to a port as of March 4 may proceed to their destinations under the previous eligibility, BIS said.

The Office of Information and Regulatory Affairs on March 2 completed its review of a final Bureau of Industry and Security rule that will implement sanctions and export restrictions against Myanmar (see 2102170005). OIRA received the rule Feb. 23 (see 2102240007).

The State Department’s Directorate of Defense Trade Controls issued guidance March 2 on how it will implement the increased export restrictions against Russia for the poisoning of opposition leader Alexei Navalny (see 2103020067). DDTC said it will amend the International Traffic in Arms Regulations to add Russia to the list of countries subject to a policy of denial for defense exports and services. That restriction will include certain exceptions, including a case-by-case review for exports that support “government space cooperation” and a six-month exception for exports that support “commercial space launches,” which will also be subject to a case-by-case review. DDTC said other exemptions will be provided for exports to Russia “when in furtherance of government space cooperation.”

The Office of Information and Regulatory Affairs began a review of a final Bureau of Industry and Security rule that will amend the Export Administration Regulations to expand controls on Myanmar. OIRA received the rule Feb. 23. BIS recently announced increased restrictions on exports to Myanmar, including a more strict licensing policy and the suspension of certain license exceptions (see 2102170005).

The Bureau of Industry and Security on Feb. 19 issued a new set of frequently asked questions and revised another set of FAQs to provide guidance on export and record-keeping requirements for shipments to Hong Kong and China. The new guidance explains how exports destined to Hong Kong are treated under the Export Administration Regulations, what license exceptions are still available and whether certain goods require a license. The revised set of FAQs covers record-keeping requirements for those exports. The guidance came about two months after BIS removed Hong Kong as a separate destination from China under the EAR (see 2012220053) and after its July suspension of certain license exceptions for exports to Hong Kong (see Ref:2006300050]).

The Bureau of Industry and Security have outlined a series of increased restrictions on exports to Myanmar, including a more strict licensing policy and the suspension of certain license exceptions. The changes, described by the Commerce Department last week and effective Feb. 18, came after President Joe Biden authorized sanctions and ordered stronger export controls for shipments to the country’s military after it overthrew the government earlier this month (see 2102110020).

Semiconductor firms are hoping to convince the Biden administration to reverse some export restrictions against Huawei as the new administration undergoes a review of China-related policies, Reuters reported Feb. 11. The companies believe significant changes are unlikely but hope to appeal to U.S. interagency panels that at least some restrictions should be lifted, the report said. The Commerce Department, which oversees the restrictions, didn’t comment. In its final weeks in office, the Trump administration issued a flurry of license denials for exports to Huawei after months of inaction on the applications, partly caused by COVID-19 pandemic-related delays (see 2101150062). Export control lawyers say they have not yet seen a shift in the Huawei licensing policy under President Joe Biden (see 2102080046).

As emerging technologies develop, governments need to expand their outreach practices beyond traditional exporters and manufacturers and also focus on universities, research institutes and investors, a February Strategic Trade Research Institute report advised. Government outreach efforts that are not modernized won’t “yield the desired compliance outcome,” the report said.

Among the potential candidates to head the Bureau of Industry and Security is James Mulvenon, a Chinese technology expert at the aerospace company SOS International, the Wall Street Journal reported Feb. 11. Mulvenon is expected to be considered for the undersecretary role along with Kevin Wolf (see 2102090060), an export controls lawyer and a former BIS official, and could bring a more hard-line stance on U.S. technology exports to China, the report said.

The Biden administration should pursue more multilateral engagement on export controls and continue to protect sensitive U.S. technologies, the American Leadership Initiative said in a Feb. 11 summary of an upcoming report. The ALI said the White House should establish an Office of Global Digital Policy, which would dedicate resources toward federal investment in research and development, promote exports and “protect key technologies.” The office, along with a “multipronged series of investment and export controls,” will help U.S. companies better compete with Chinese technology firms that benefit from government subsidies, the ALI said.