The Bureau of Industry and Security last week updated its list of restricted Russian and Belarusian aircraft. The updated list includes new entries for two Utair planes and one Azur Air aircraft.
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Braumiller Law Group released a June 12 “primer” on deemed export control compliance, outlining who may be subject to the controls and what is considered a release of technology, source code and technical data. The post also details several examples of deemed export enforcement actions, saying penalties can be mitigated through voluntary self-disclosures and “proactive compliance measures.”
After receiving criticism this week for its lack of progress in a possible investigation of illegal exports to Huawei, a Bureau of Industry and Security spokesperson said the agency is “committed to fully investigating any allegation” of violations of the foreign direct product rule, including illegal shipments to the Chinese technology giant. The agency has come under criticism for not yet penalizing Seagate Technologies for potentially illegally exporting goods to Huawei (see 2206070011).
China’s new export controls law may apply to a broader range of items than just dual-use goods, Baker McKenzie said in a June alert. In draft regulations released earlier this year (see 2204270040), China included a provision that will allow it to also restrict exports of non dual-use goods, which could include artificial-intelligence or integrated-circuit design technologies “that are currently regulated under a separate legacy technology import and export control regime,” the firm said.
Senior Commerce Department officials traveled to Brussels last week to discuss with the EU ways they can increase coordination on Russia export control enforcement, the agency said June 2. Deputy Secretary Don Graves and Matthew Axelrod, the Bureau of Industry and Security's top export enforcement official, met with several EU officials to build on the “excellent cooperation” under the Trade and Technology Council and “ensure that the enhanced Russia controls are enforced effectively,” Commerce said. The two sides hope to speak “regularly” about export enforcement issues, expand information sharing and support each other’s investigations. They agreed to hold another round of talks this week.
The Bureau of Industry and Security completed an interagency review for a final rule that would make corrections and clarifications to the agency’s Russia and Belarus export controls. The Office of Information and Regulatory Affairs received the rule May 13 (see 2205160005) and completed the review May 26.
The Bureau of Industry and Security completed an interagency review for a final rule that would introduce a congressional notification requirement for certain weapons exports. The rule, sent to the Office of Information and Regulatory Affairs May 17 (see 2205180006) and completed May 24, would require notifications for certain semiautomatic firearms exports under the Export Administration Regulations.
The Bureau of Industry and Security published its official temporary denial order for Russia’s Rossiya Airlines (see 2205200008), detailing various export violations by the airline operator. BIS said it has “heightened concerns of future violations” by Rossiya, including the “refueling, maintenance, repair or the provision of spare parts or services” for its planes.
The Bureau of Industry and Security on May 20 completed an interagency review of a final rule related to its new export controls over certain cybersecurity items (see 2110200036 and 2201110025). BIS said earlier this year it was planning to make minor revisions to the rule to address some public comments (see 2202100026). The agency sent the rule for interagency review March 8 (see 2203090013).
The Nuclear Regulatory Commission this week suspended its general license for exports of certain radioactive material to Russia, The change, which took effect May 17, bars exporters from using the NRC general license for exports of the material or “deuterium for nuclear end-use” in Russia, the agency said. Exporters must now apply for a specific license for those shipments.