The Office of Information and Regulatory Affairs completed a review Oct. 22 of a Bureau of Industry and Security final rule related to its “national security license application review policy” for China, Russia and Venezuela. OIRA received the rule Sept. 17 (see 2009180012).
New Zealand recently revised its catch-all export controls and issued guidance on the changes. The revisions, which took effect Oct. 9, include changes to restrictions on goods and technologies that are not controlled under New Zealand's export control regime but may have military or police uses, such as biological and chemical weapons or goods that may have “military applications.”
The State Department’s Directorate of Defense Trade Controls issued guidance Oct. 5 on the “see-through rule” -- a “colloquial phrase” that refers to the impact of controls under International Traffic in Arms Regulations. DDTC clarified the rule by stressing that ITAR controls and requirements do not “disappear simply because the defense article is integrated into another item.” If an ITAR-controlled component is integrated into a “larger system or end-item,” the component does “not lose its identity.” DDTC said “the ITAR ‘sees through’ the larger system or end-item and continues to regulate that defense article.”
The State Department announced procurement bans and export controls on 11 entities and one person for violating export restrictions imposed by multilateral control groups. The restrictions, said a notice released Oct. 2, apply to entities in China, Russia, Syria, Iraq, Iran, their subsidiaries and one person in China for illegally trading items restricted by multilateral control groups, including the Wassenaar Arrangement and the Australia Group. The order bans U.S. government procurement and government sales to any of the entities or people involving items on the U.S. Munitions List and controlled under the Arms Export Control Act. It also suspends export licenses for items controlled under the Export Control Reform Act of 2018 and the Export Administration Regulations. The order took effect Sept. 23 and will remain in place for two years. It applies to the following entities:
The Office of Information and Regulatory Affairs on Sept. 30 completed an interagency review for a proposed Bureau of Industry and Security rule (see 2007210033) to control “software” for the operation of certain “automated nucleic acid assemblers and synthesizers.” BIS will request comments on the proposed export controls, which fall under the agency’s effort to control emerging technologies. OIRA received the rule July 20. On its spring agenda, BIS said the software can be used to produce pathogens and toxins that potentially can be used in biological weapons (see 2007140027).
The State Department will temporarily remove export restrictions on nonlethal defense goods and services to Cyprus, the agency said in a temporary final rule released Sept. 25. The move will suspend restrictions for one year on exports, reexports, retransfers and temporary imports of certain defense goods if the end user is the Cyprus government, a “request” is made by or on behalf of the Cyprus government and no “credible” human rights concerns are involved with the shipment. The State Department said it will suspend the restrictions, which includes amending the International Traffic in Arms Regulations, because Cyprus is cooperating with the U.S. on anti-money laundering revisions and has taken steps to deny Russian military vessels access to ports for servicing. The restrictions will be lifted Oct. 1 and will expire Sept. 30, 2021, unless extended.
The State Department will implement a temporary waiver “of the policy of denial on the export, reexport, retransfer, and temporary import of non-lethal defense articles and defense services destined for or originating in the Republic of Cyprus,” the Directorate of Defense Trade Controls said in a Sept. 2 notice. The DDTC will temporarily amend the International Traffic in Arms regulations on Oct. 1 to allow for the waiver, which is a result of a State Department determination under the FY 2020 National Defense Authorization Act, it said. The U.S. policy won't change for “lethal defense articles and defense services destined for or originating” in Cyprus, it said.
The Bureau of Industry and Security is seeking public input “on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba,” it said in a notice released Sept. 2. The comments will be used as part of the BIS biennial report to Congress, it said. Comments are due Oct. 5.
The Bureau of Industry and Security scheduled a meeting of the Materials and Equipment Technical Advisory Committee for Sept. 17 at 10 a.m., it said in a notice. The Regulations and Procedures Technical Advisory Committee will meet at 10 a.m. on Sept. 15, BIS said in another notice. Both meetings are via teleconference.
The State Department seeks comments on its collections of information related to requests to change the end-user, end-use or destination of hardware, it said in a notice released Sept. 1. The requests, submitted via Defense Directorate of Trade Controls Form DS-6004, are used to seek DDTC approval prior to any sale, transfer, transshipment or disposal, whether permanent or temporary, of classified or unclassified defense articles to any end user, end use or destination other than as stated on a license or other approval. State expects 1,563 respondents will each take an hour to complete the form. Comments are due Nov. 2. After considering comments, State will submit the information collection to the Office of Management and Budget for reapproval.