Several U.S. national security agencies are split on whether to add Chinese smartphone maker Honor Device to the Entity List, The Washington Post reported Sept. 19. While the Commerce and State departments said Honor shouldn't be added to the list, the Defense and Energy departments last week supported adding the company. Federal Communications Commissioner Brendan Carr said Honor should be blacklisted because Huawei, which formerly owned Honor as its smartphone company, is using it to evade U.S. export restrictions. “This isn't a close call,” Carr said in a Sept. 20 tweet. The issue has been “appealed to the political-appointee level” at each of the agencies, the report said, and could be escalated to the Cabinet level and eventually President Joe Biden in the case of a deadlock.

The State Department’s Directorate of Defense Trade Controls will soon publish an amendment to the International Traffic in Arms Regulations to reflect new U.S. sanctions against Ethiopia (see 2109170036), the agency said Sept. 17. DDTC said it’s implementing a policy of denial for exports of defense articles and defense services “to or for the armed forces, police, intelligence, or other internal security forces” of Ethiopia and Eritrea, and will soon make the change official in the ITAR.

The Bureau of Industry and Security sent an interim final rule for interagency review that could affect certain information security export controls for cybersecurity items. The rule, received by the Office of Information and Regulatory Affairs Sept. 17, builds upon a proposed rule published by BIS in 2015 that was intended to gather feedback on new Wassenaar Arrangement controls on some cybersecurity items. At the time, BIS said public comments “revealed serious scope and implementation issues regarding these controls,” so the agency returned to Wassenaar to renegotiate the controls. The interim final rule, if approved and published, could outline the “progress” BIS made during the renegotiation and make changes to the Commerce Control List.

The Bureau of Industry and Security issued Sept. 17 guidance on export control information related to radiation hardened integrated circuits. The guidance includes a frequently asked question about whether certain integrated circuits are considered to be “rated as radiation hardened” under Export Control Classification Number 3A001.a.1 or meet or exceed the characteristics in ECCN 9A515.d or e. Another FAQ addresses how the classification of “standard fabrication process technologies” are impacted if they don’t meet certain required standards in the Export Administration Regulations. The final FAQ addresses whether the U.S. government, in developing plans to “prevent the release of controlled technology during the lifecycle of an acquisition,” can rely on “industry technology control plans for programs using onshore foundries for integrated circuit production.”

The Bureau of Industry and Security completed an interagency review Sept. 10 of a rule that would make changes to its Strategic Trade Authorization license exception. The proposed rule, sent to the Office of Information and Regulatory Affairs June 13 (see 2107150004), would clarify the availability and expand restrictions on the availability of license exception STA under the Export Administration Regulations. BIS withdrew a similar rule from consideration last year to allow for more informal talks within the interagency (see 2011130008).

The U.S. government needs more resources, including better expertise, to identify emerging and foundational technologies under the Export Control Reform Act of 2018, said Kevin Wolf, the Commerce Department’s former assistant secretary for export administration. Speaking before a U.S.-China Economic and Security Review Commission hearing last week, Wolf said export controls are more “complex” now than they have been in decades, mostly due to Chinese technology acquisition efforts and the continued development of advanced technologies.

The European Commission will hold its annual export control forum Dec. 8, the commission announced Sept. 2, providing European Union member states, industry, academia and others an opportunity to discuss export control policies. The forum will include a discussion on the EU’s new dual-use control regulations (see 2105100013) and other export control developments globally.

After several Republican lawmakers criticized the Biden administration for reportedly approving hundreds of millions of dollars worth of license applications for auto chips exports to Huawei (see 2108260014), the Commerce Department stressed that the Chinese technology company remains subject to strict licensing policies. A Commerce spokesperson said the administration hasn’t changed any of the regulatory restrictions imposed against Huawei or the policies “for implementing those restrictions” introduced under the Trump administration. “The policy has not been eased or amended,” the person said last week. The spokesperson also said all license applications are reviewed by the Defense, Energy and State departments.

The State Department will extend a “temporary modification” to the U.S. Munitions List that is intended to provide clarity to U.S. exporters about certain language in the USML, the agency said in a final rule released Aug. 26. The modification, which was scheduled to expire Aug. 30 but will now remain through Aug. 30, 2026, revised USML Category XI to clarify that “certain intelligence-analytics software” is controlled under the USML. Although the State Department said it “continues to develop a long-term solution” to address the language, that solution “will not be in place when the current temporary modification expires.” Extending the expiration date for five years is in the “best interest” of the U.S. defense industry so that the language can be revised as part of a “wholesale revision” of USML Category XI, the agency said.

The State Department’s Directorate of Defense Trade Controls said Aug. 18 it is reviewing all relevant pending and issued export licenses, as well as “other approvals,” in light of the Taliban’s actions in Afghanistan. The agency is determining their “suitability in furthering world peace, national security, and the foreign policy of the United States,” and said industry should expect “additional updates in the near future.”