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 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.
A U.S. website infrastructure company said the Commerce Department determined not to penalize it after the company submitted a voluntary disclosure about potential export control and filing violations. Cloudflare, based in California, submitted disclosures last year (see 1909120065) to the Bureau of Industry and Security and the Census Bureau for making “incorrect” electronic export information statements and for allowing the export or “download of certain software prior to making required filings.” The company, in an Aug. 10 Securities and Exchange Commission filing, said its disclosures were “completed with no penalties” by Census in November and BIS in June.
Research and global security analytics firm Kharon this month produced a white paper on the Commerce Department’s new military end-use and end-user regulations. The paper provides an overview of the regulations, China’s civil-military fusion efforts and considerations for companies that now need to employ enhanced due diligence to comply with the regulations. The paper reviews challenges in determining whether a Chinese company is affiliated with the government or the military.
The Office of Information and Regulatory Affairs on Aug. 24 completed its interagency review of a Bureau of Industry and Security pre-rule to pinpoint potential controls for foundational technologies. OIRA began its review Aug. 3 (see 2008040008). The long-awaited rule (see 2005190052 and 1911050052) is expected to ask for industry feedback on what types of existing, widely available technologies BIS should consider for controls.
The Commerce Department’s increased restrictions on exports to Huawei (see 2008170029) will cause “significant disruption” to the U.S. semiconductor industry, the Semiconductor Industry association said Aug. 17. Although SIA is “still reviewing the rule,” CEO John Neuffer called the restrictions “broad” and said they significantly expanded on changes made to the foreign direct product rule in May (see 2005150058). “We are surprised and concerned by the administration’s sudden shift from its prior support of a more narrow approach intended to achieve stated national security goals while limiting harm to U.S. companies,” Neuffer said. “We reiterate our view that sales of non-sensitive, commercial products to China drive semiconductor research and innovation here in the U.S., which is critical to America’s economic strength and national security.” Commerce did not comment.
The Office of Information and Regulatory Affairs on Aug. 7 concluded an interagency review for a final Commerce Department rule that will implement export control decisions from the 2019 Wassenaar Arrangement plenary. The rule, which OIRA received June 9 (see 2006120018), will place new controls on emerging technologies. Commerce officials said in May the agency was preparing to issue several emerging technology controls (see 2005190052), including six controls agreed to at Wassenaar. OIRA also recently completed review of a rule to implement export control decisions from the 2018 Wassenaar Arrangement plenary (see 2007220015).
The United Nations Security Council Committee on resolution 751 (1992) concerning Somalia issued an Aug. 3 guidance on export controls for components of improvised explosive devices shipped to Somalia. The guidance contains a list of items subject to the controls and mandatory notification requirements for exporters. The committee report also called on member states to conduct due diligence on exports to Somalia, keep records of transactions and share information with the committee on “suspicious purchases.”
The United Kingdom’s Department for International Trade officially removed Hong Kong as an eligible destination under 20 open general export licenses, one open general transhipment license and one open general trade control license, an Aug. 4 notice said. The U.K. also revoked two open general licenses in which Hong Kong was the only destination: a license for exports of certain dual-use goods for nonmilitary use and a license for exports of dual-use goods to any destination in Hong Kong. The moves come about a week after the U.K. imposed an arms embargo against Hong Kong due to interference from Beijing (see 2007230018).
The Office of Information and Regulatory Affairs began an interagency review of a Bureau of Industry and Security pre-rule to pinpoint potential controls for foundational technologies. OIRA received the rule Aug. 3. A BIS official said in May the agency was finalizing an internal review of the rule (see 2005190052), which has been expected since Congress passed the Export Control Reform Act of 2018 mandating BIS reviews of controls for both emerging and foundational technologies.