The U.S. needs to modernize its approach to export controls and expand disclosure requirements for foreign investment screening to maintain its technology dominance over China, a U.S. national security commission said in a report this week. The commission called current U.S. export controls outdated, urged the Commerce Department to more quickly control emerging and foundational technologies, and said the Committee on Foreign Investment in the U.S. should review a broader set of transactions to protect sensitive technologies.
The Bureau of Industry and Security recently expanded its commodity classification request process to include the Department of Defense, which is expected to slightly increase processing times and potentially require more thorough submissions of classification requests, an agency official said. The Defense Department began participating in the process late last year as part of BIS’s implementation of the 2018 Export Control Reform Act, said John Varesi, an official in BIS’s Sensors and Aviation Division. ECRA “required that there would be an interagency effort in terms of the commodity classifications,” Varesi said during a March 2 Sensors and Instrumentation Technical Advisory Committee meeting. “This is basically the implementation of that requirement.”
Export Compliance Daily is providing readers with the top stories for Feb. 22-26 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The Commerce Department on Feb. 26 announced three new staffing appointments to the Bureau of Industry and Security. Steven Emme, a former Akin Gump trade counsel, was named chief of staff; Sahar Hafeez, a former Pillsbury Winthrop trade lawyer, was named senior adviser to the BIS undersecretary; and Feras Sleiman, a former policy adviser to Sen. Elizabeth Warren, D-Mass., was named BIS's congressional affairs specialist.
The State Department is expected to follow through with a rule that would permanently revise the International Traffic in Arms Regulations to allow employees involved in ITAR-related activity to work remotely. The rule, crafted under the Trump administration, was sent for interagency review in December but was withdrawn in January as part of the Biden administration's regulatory freeze on the previous administration’s pending regulations (see 2101210013).
The Bureau of Industry and Security's effort to control emerging and foundational technologies is creating “substantial uncertainty” in the technology sector, Microsoft President Brad Smith told the Senate Armed Services Committee Feb. 23, according to his prepared testimony. Smith urged BIS and the Commerce Department to create a “balanced and coherent framework” to protect U.S. technologies without “isolating” U.S. companies, including from working with China.
The Office of Information and Regulatory Affairs began a review of a final Bureau of Industry and Security rule that will amend the Export Administration Regulations to expand controls on Myanmar. OIRA received the rule Feb. 23. BIS recently announced increased restrictions on exports to Myanmar, including a more strict licensing policy and the suspension of certain license exceptions (see 2102170005).
Export Compliance Daily is providing readers with the top stories for Feb. 16-19 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
A judge with the U.S. District Court for the Southern District of Texas declined to allow the state of Texas to voluntarily drop a civil forfeiture lawsuit over goods seized by a local law enforcement group that aims to stop illegal exports. The state will continue litigation in a similar case in front of the same court. The federal government isn't a party in either case.
The Bureau of Industry and Security issued orders temporarily denying export privileges for two people involved in illegal exports. Jesse Rodriguez was convicted Jan. 16, 2019, of helping to sell controlled ammunition -- including .223 and 7.62 caliber ammunition -- from the U.S., BIS said in a Feb. 19 order. Rodriguez was sentenced to 30 months in prison, one year of supervised release and a $100 assessment. BIS denied Rodriguez’s export privileges for five years from the date of conviction. Fahad Saleem Kharbey was convicted May 31, 2019, of illegally exporting controlled firearms and magazines from the U.S. to the United Arab Emirates, BIS said in another Feb. 19 order. Kharbey was sentenced to 36 months in prison, three years of supervised release and a $200 assessment. BIS denied Kharbey’s export privileges for seven years from the date of conviction.