The Bureau of Industry and Security should establish a blanket exemption for U.S. people and companies to participate in standards-setting bodies that have members designated on the Entity List, industry officials said. Although BIS has been working on a final rule (see 2012150037) that would clarify how export restrictions apply to the release of controlled technology at standards-setting organizations, officials from the telecommunications industry and other technology sectors are unsure how the rule’s final language will read and are concerned some of the agency’s restrictions, which they view as unnecessary, may continue.
The Bureau of Industry and Security is seeking comments on an information collection related to the Biden administration's review of risks in the semiconductor supply chain (see 2103110047 and 2107280051), BIS said Sept. 14. BIS is seeking feedback from industry to better “identify data gaps and bottlenecks in the supply chain.” BIS said the Commerce Department’s “overall goal” is to “add transparency on the semiconductor supply and demand mismatch and identify common bottlenecks and chokepoints.” Comments are due within two days of the publication of the notice on the Office of Information and Regulatory Affairs website. See the notice for search terms on the OIRA website.
Export Compliance Daily is providing readers with the top stories for Sept. 7-10 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 this week sent a final rule for interagency review that would expand export controls on certain biological equipment software. The rule, received by the Office of Information and Regulatory Affairs Sept. 13, would amend the Commerce Control List by adding a new Export Control Classification Number to control software “for the operation of automated nucleic acid assemblers and synthesizers” that are “capable of designing and building functional genetic elements from digital sequence data.”
The Bureau of Industry and Security revoked the export privileges of a Chilton, Wisconsin, man after he was convicted Dec. 13, 2019, of violating the Arms Export Control Act, the agency said in a September order. Andy Lloyd Huebschmann was convicted of illegally exporting defense articles to Australia, BIS said, including a “Model GA 9mm lower receiver, upper receiver, barrel, trigger control group, bolt carrier, and pistol grip,” all controlled under the U.S. Munitions List. BIS said Huebschmann didn’t have the required State Department export license to ship the items. He was sentenced to two years in prison, one year of supervised release, a $15,000 criminal fine and a $100 “assessment.” BIS revoked Huebschmann’s export privileges for 10 years from the date of conviction.
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 top Republican on the House Foreign Affairs Committee said the acting head of the Bureau of Industry and Security misrepresented facts in front of a congressional commission last week (see 2109080062), saying he wasn't straightforward about the agency’s “delayed and incomplete” provision of export licensing decisions to Congress. Although BIS Acting Undersecretary Jeremy Pelter told the commission that BIS has complied with all laws regarding the disclosure of licensing information to Congress, Rep. Michael McCaul said the agency hasn’t been transparent.
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 Bureau of Industry and Security revoked export privileges for seven people for illegally exporting firearms and other defense goods without licenses, according to enforcement orders released this week.
U.S. penalties for illegal exports to China have risen dramatically this year compared with last, with about $6 million in fines handed out already, said Jeremy Pelter, the acting undersecretary for the Bureau of Industry and Security. Pelter told a bipartisan congressional commission this week that the agency during the 2021 fiscal year has issued about $1.86 million in criminal fines and more than $4 million in civil fines, skyrocketing past 2020’s penalties, which totaled about $60,000.