Two senior Bureau of Industry and Security officials are in Singapore this week to discuss emerging technology export controls with their government counterparts in Asia and Europe and members of industry. BIS said Thea Kendler, the agency’s assistant secretary for export administration, and Matthew Axelrod, the agency’s top enforcement official, will discuss the multilateral response to Russia’s invasion of Ukraine and will speak about export control laws and regulations at several events organized alongside a range of trading partners. In addition, Kendler will speak at the inaugural Women in Strategic Trade Conference Sept. 14, which “provides an opportunity to collaborate internationally on increased opportunities for women in export controls.”
The State Department sent a final rule for interagency review that would amend the International Traffic in Arms Regulations. The rule, sent for review Sept. 6, would make changes to “prohibited exports, imports, and sales to or from certain countries.”
The Biden administration is considering an executive order that would impose outbound investment restrictions on advanced technology-related transactions in China and other “hostile” countries, The Wall Street Journal reported Sept 8. The order, which could be issued in the next couple of months, would build on legislative proposals that sought to establish a screening mechanism for certain American investments that could cede U.S. technology leadership to third countries, the report said (see (2207140035 and 2209060036). The White House didn’t comment.
The State Department approved a potential military sale to Pakistan, the Defense Security Cooperation Agency said Sept. 9. The sale includes $450 million worth of F-16 equipment, parts and support services. The prime contractor will be Lockheed Martin.
The designation of Russia as a state sponsor of terrorism would not be “the most effective or strongest path forward to hold Russia accountable,” and “could have unintended consequences for the world and for Ukraine as well,” a State Department spokesperson said during a press briefing Sept. 6. Asked about President Joe Biden’s announcement the previous day that he would not designate Russia, the spokesperson said the designation could “seriously affect the ability to deliver assistance to Ukraine,” and “could drive critical humanitarian and commercial actors away from facilitating food exports and engaging in the country.”
The State Department approved three potential sales of military equipment and services to Taiwan, worth a combined $1.105 billion, the Defense Security Cooperation Agency said Sept. 2. The first sale includes Sidewinder missiles and related equipment for an estimated cost of $85.6 million, with Raytheon Missiles and Defense as the prime contractor. The second includes Harpoon missiles and related equipment for an estimated cost of $355 million, with Boeing as the prime contractor. The third sale is of contract logistics support for the Surveillance Radar Program (SRP) and related equipment for an estimated cost of $665.4 million. Raytheon Technologies is the prime contractor.
The Biden administration is considering a set of executive orders to restrict investment and sales involving advanced technologies in China, according to a Sept. 2 post on Medium from Semafor technology reporter Reed Albergotti. Citing people with knowledge of the plans, Albergotti said one order would “narrow” the types of technology that “can be sold to Chinese customers.” The other executive order, for which plans are still up in the air, would involve either a notification scheme for investments in certain technologies including semiconductors, artificial intelligence and quantum computing, or a mechanism for the U.S. government to block such investments, similar to the Committee on Foreign Investment in the U.S., or both, Albergotti said. President Joe Biden is expected to sign the executive order on investment as early as September, the post said. The White House did not comment.
The State Department's Office of the Legal Adviser on Aug. 30 released its "Digest of United States Practice in International Law" for 2021. Chapter 3 covers the termination of International Criminal Court-related sanctions, and Chapter 16 focuses on sanctions developments from 2021, export controls and recent litigation and other restrictions. The document gives a record of the view and practice of the U.S. government.
Only a small percentage of foreign real estate purchases are reviewed by the Committee on Foreign Investment in the United States, but that may change given an uptick in concern, lawyers at Morgan Lewis said in an Aug. 29 blog post.
The State Department approved two potential military sales -- to Australia and Morocco -- worth more than a combined $2 billion, the Defense Security Cooperation Agency said Aug. 25.