The Bureau of Industry and Security is working on a proposed rule that would create a formal license amendment process, which could allow applicants to revise certain license information rather than start over with a replacement application, said Tim Mooney, an official in BIS’s regulatory policy division. BIS drafted a version of the proposed rule toward the end of the Obama administration, Mooney said, but the idea was nixed after some interagency disagreements about the rule’s scope.
The Bureau of Industry and Security is still reviewing export controls on facial recognition software, surveillance-related products and other goods controlled for crime-control reasons after requesting feedback on the potential restrictions in July 2020, said Hillary Hess, BIS’s regulatory policy director. Although no new restrictions have been announced, Hess said new controls for items described in the rule, including crime-control goods that may be used for human rights abuses, are still being considered. “We have been looking at that,” Hess said during a Dec. 14 Regulations and Procedures Technical Advisory Committee meeting. “It’s definitely on our plate.” In the 2020 rule, BIS solicited feedback on possibly imposing new licensing requirements for biometric systems for surveillance, non-lethal visual disruption lasers, long-range acoustic devices and other surveillance-related technologies and goods (see 2007160021). In comments, several technology companies warned BIS against imposing overly broad, unilateral export restrictions that could hurt U.S. competitiveness, while a human rights advocacy group and a U.S. lawmaker called for new export restrictions and suggested existing controls should be strengthened (see 2010090044).
Although the Bureau of Industry and Security’s new cybersecurity controls are an improvement over the restrictions proposed in 2015, the agency should still take several steps to ensure they don’t impede U.S. technology companies and inhibit information sharing in the cybersecurity sector, industry said this month. But at least one commenter said BIS should strengthen the controls by restricting a broader set of technologies and require more due diligence steps for exporters.
Export Compliance Daily is providing readers with the top stories for Nov. 29 - Dec. 3 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
The Bureau of Industry and Security on Nov. 30 revoked export privileges for five people after they illegally exported weapons or ammunition and for another person for their ties to a foreign terrorist organization.
The Commerce Department's Bureau of Industry and Security is violating Belgian shipping company Exmar Marine's Fourth and Fifth amendment rights by blocking its ability to sell an aircraft it owns, Exmar alleged in a Dec. 1 complaint. Arguing its case in the U.S. District Court for the District of Columbia, Exmar said BIS has no legal authority to stop the sale of the aircraft and that such action to do so cuts against constitutional protections against unreasonable seizure and violations of due process (Exmar Marine, NV v. Bureau of Industry and Security, D.C. Cir. #21-3141).
The U.S. and the European Union should pursue multilateral export controls, reexamine restrictions on certain munitions-related items and work together to better harmonize decisions on license denials, industry and academia said. The U.S. and EU released a joint summary Dec. 1 of those recommendations, which were made during an Oct. 27 virtual meeting on dual-use export controls (see 2110190020) to discuss areas of priority for the U.S.-EU Trade and Technology Council.
The Bureau of Industry and Security is seeking public comments on the impact of the Chemical Weapons Convention on commercial activities during 2021, BIS said in a notice. The agency is specifically looking for feedback on how activities involving Schedule 1 chemicals were affected to determine whether the “legitimate commercial activities and interests of chemical, biotechnology, and pharmaceutical firms” were “harmed” this year by CWC decisions. Comments are due Jan. 3, 2022.
Export Compliance Daily is providing readers with the top stories for Nov. 22-26 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
The U.S. has “repeatedly stretched the national security concept and abused state power to hobble Chinese companies,” a Chinese Foreign Affairs Ministry spokesperson said last week. The Commerce Department’s Bureau of Industry and Security on Nov. 26 added 27 foreign organizations and individuals to its Entity List, including eight technology entities based in China, to prevent U.S. emerging technologies from being used for Beijing’s “quantum computing efforts that support military applications" (see 2111240014). The BIS action “severely hurts the interests of Chinese companies, recklessly undermines the international trade order and free trade rules, and gravely threatens global industrial and supply chains,” the ministry spokesperson said. “China reserves the right to take necessary countermeasures,” he said. “We will firmly defend Chinese companies’ legitimate rights and interests with all necessary measures.”