The Bureau of Industry and Security on Oct. 28 updated its guidance on the Foreign-Produced Direct Product Rule to further clarify situations when goods are subject to the FDP rule and require a license. The guidance, which includes a set of frequently asked questions (see 2012210044), now includes new FAQ No. 4 under the "supply chain" subheading, which starts on page four and continues onto page five, a BIS spokesperson said.
The Bureau of Industry and Security plans to implement more emerging technology controls during this fiscal year, Karen Nies-Vogel, BIS’s director of the Office of Exporter Services, said, speaking briefly during an Oct. 28 meeting of the Emerging Technology Technical Advisory Committee. Nies-Vogel said the agency has so far issued 38 emerging technology controls and is “looking forward” to implementing more in the coming months and “years to come.”
The U.S.-European Union Trade and Technology Council released the agenda for its Oct. 27 virtual meeting on dual-use export controls (see 2110210007). Bureau of Industry and Security, State Department and EU officials will provide an update on EU and U.S. export control regulations and perspectives on “current export control challenges.” The officials also will hold an open discussion with “stakeholders” on export control priorities.
Rep. French Hill, R-Ark., opened up a discussion on a recent report on targeted decoupling based on risk, with a focus on artificial intelligence, at a virtual event at the Center for Strategic and International Studies Oct. 22. Hill said the discussion was "long overdue," and that China's direction is "squarely in conflict with the global order, balance of power in East Asia, and the continued open, market-based trading system."
The House Foreign Affairs Committee's release of export licensing information for Huawei and China’s chipmaker SMIC (see 2110210073) may not present an accurate picture of licensing approvals and may mislead industry, the Commerce Department said Oct. 22. Although the agency approved more than a combined $100 billion worth of export licenses for shipments to Huawei and SMIC from November 2020 through April, the statistics didn’t reflect pending applications set to be denied, which would have significantly lowered the percentage of approved applications for both companies.
The Bureau of Industry and Security completed an interagency review of a pre-rule that would propose new export controls on certain brain-computer interface (BCI) technologies. The rule, which was sent to the Office of Information and Regulatory Affairs Oct. 5 (see 2110060006) and completed Oct. 19, will seek to determine whether BCI items are emerging technologies and whether effective controls can be put in place. BIS plans to ask for public comments in the pre-rule.
The Bureau of Industry and Security is accepting questions and comments ahead of the first U.S.-European Union joint outreach event on dual-use export controls under the U.S.-EU Trade and Technology Council. The virtual event, scheduled for Oct. 27 (see 2110190020), will allow members of industry, academia and the public to review and discuss “principles and areas for export control cooperation” along with U.S. and EU officials. BIS is accepting comments through TTCExportControls@bis.doc.gov.
The Bureau of Industry and Security completed interagency review of an interim final rule that could make changes to the Commerce Control List for certain cybersecurity items. The rule, received by the Office of Information and Regulatory Affairs in September (see 2109200005) and completed Oct. 14, would build upon a proposed rule published by BIS in 2015 that was intended to gather feedback on new Wassenaar Arrangement controls on some cybersecurity items.
Thailand’s commerce ministry recently announced plans to impose catch-all controls on exports, reexports and transfers of dual-use goods, technology and software that may threaten the country’s security, KPMG said Oct. 1. The measure, which will take effect at year's end, will apply export controls to any dual-use goods that may be used to develop, manufacture or are otherwise associated with weapons of mass destruction, KPMG said. The country’s Department of Foreign Trade will investigate exports that meet that threshold and can “block any shipment of dual-use items that will be delivered to a high-risk end-user if the shipment of dual-use items is classified as risky and requiring control.” The agency also will be able to “block all activities in relation to such dual-use items.”
The Bureau of Industry and Security made a range of “corrections and clarifications” to the Export Administration Regulations to fix inadvertent errors in 11 parts of the EAR, the agency said in a notice. The changes, effective Oct. 5, aim to “provide clarity and facilitate understanding of the regulations” but don’t “change the substance of the EAR,” BIS said. The agency said it made “minor” changes” to EAR parts 732, 734, 736, 738, 740, 744, 748, 750, 770, 772 and 774.