The Census Bureau issued a guidance on Oct. 8 on the mandatory filing requirements outlined in the Bureau of Industry and Security's April rule on military-related exports (see 2006250026). Census said it received a “number” of questions on the rule, which increased due diligence requirements for certain exports to China, Russia and Venezuela and requires certain Electronic Export Information filings for some exports captured under the rule (see 2004270027).
Export Compliance Daily is providing readers with the top stories for Oct. 5-9 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The Bureau of Industry and Security should be careful not to place overly broad, unilateral export restrictions on items for crowd control reasons if the controls disproportionately hurt U.S. competitiveness, industry told BIS in comments released this month. But some commenters, including a human rights advocacy group and a Congress member, called for new export restrictions and suggested existing controls -- especially on technologies that contribute to Chinese human rights abuses -- should be tightened.
The Bureau of Industry and Security removed 40 entries and added 26 others to its Unverified List, the agency said in a final rule released Oct. 8. BIS removed the 40 entries -- located in China, Hong Kong, Indonesia and the United Arab Emirates -- after verifying their “legitimacy and reliability” relating to the end use of items subject to the Export Administration Regulations or because their companies are no longer “involved in U.S. exports.” BIS added the 26 others -- located in Armenia, Finland, Hong Kong, Germany, Pakistan, Turkey, the UAE, Mexico and China -- because it was unable to verify their “bona fides” through an end-use check. The changes take effect Oct. 9.
The Bureau of Industry and Security on Oct. 6 extended the comment period for its pre-rule on foundational technologies, clarifying that it will accept “confidential business information” from commenters if they follow certain guidelines. Comments, which were previously due Oct. 26 (see 2008260045), are now due Nov. 9.
Export Compliance Daily is providing readers with the top stories for Sept. 28-Oct. 2 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The Bureau of Industry and Security released a final rule Oct. 5 to prevent its publicly disclosing classified national security information during a court battle. The rule said BIS can submit classified information in private -- or “ex parte and in camera” -- to courts reviewing an agency action under Export Administration Regulations. “By providing such information ex parte and in camera to a reviewing court,” the rule said, “BIS can limit access to the information and prevent public disclosure of the information during the course of litigation.”
The Bureau of Industry and Security imposed a license requirement on certain exports of water cannon systems and revised its licensing policy for crime control (CC) items. The moves will place more oversight on exports that have potential to be used for human rights violations, BIS said in final rules released Oct. 5. Both rules take effect Oct. 6.
The Bureau of Industry and Security on Oct. 2 announced new export controls (see 2008100013 and 2005190052) on six emerging technologies. The controls, which were agreed to by Wassenaar Arrangement members during its 2019 plenary, include:
A former U.S. official and a Senate staffer who worked closely with the Committee on Foreign Investment in the U.S. criticized the Bureau of Industry and Security’s handling of emerging and foundational technologies, saying the lengthy process is impeding the work of CFIUS. David Hanke, the former staffer and architect of the Foreign Investment Risk Review Modernization Act, called CFIUS’s reliance on BIS’s export control effort a “deeply flawed system,” while Nova Daly, the Treasury Department’s former deputy assistant secretary for investment security and policy, acknowledged the process is difficult but said BIS should move faster.