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.”
The Bureau of Industry and Security is seeking public comments on areas and priorities for export control cooperation between the U.S. and the European Union, the agency said in a notice. The comments will help inform the work of the recently established U.S-EU Trade and Technology Council and its export control working group, including efforts to harmonize controls over dual-use items and emerging technologies (see 2109290083 and 2110010036). Comments are due Jan. 14, 2022.
The Bureau of Industry and Security should clarify that certain hospitals affiliated with entries on the Entity List are not subject to Entity list restrictions, said Tory Tibor, global head of trade compliance for medical device company Olympus. Tibor said the clarification would help address confusion among third parties, including forwarders, about what types of entities are captured by Entity List controls.
The Bureau of Industry and Security added 27 entities to the Entity List for illegally selling technology to China, North Korea and other sanctioned countries, for supporting China’s military modernization efforts or for contributing to Pakistan’s nuclear and missile programs, the agency said Nov. 24. The Entity List additions include a range of laboratories and companies operating in the semiconductor, microelectronics and machinery sectors in China, Japan, Pakistan and Singapore, including several major Chinese chip companies.