The Bureau of Industry and Security revised the Commerce Control List and the Export Administration Regulations to implement changes made during the 2019 Wassenaar Arrangement plenary, the agency said in a final rule released March 26. Along with revising various Export Control Classification Numbers and correcting language in the EAR, the rule eliminated certain reporting requirements for encryption items, which BIS expects to “reduce the regulatory burden” for U.S. exporters. The changes take effect March 29.
Export Compliance Daily is providing readers with the top stories for March 15-19 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The U.S. should be doing more to restrict Chinese semiconductor companies from buying U.S. equipment, which is strengthening China’s military and ceding U.S. technology leadership, researchers said. Although the U.S. should bolster domestic policies to help the semiconductor industry -- including through supply chain, manufacturing and research incentives (see 2102240052) -- the researchers said the Commerce Department’s export controls include loopholes for companies that sell advanced technologies to China.
The recent U.S. decision to increase sanctions and export controls on Russia, although largely narrow, could have significant implications for exporters doing business in Russia, law firms said. U.S. companies should pay close attention to new restrictions on certain controlled services and the potential impacts of the restrictions on disclosure and reporting requirements, the firms said.
The Bureau of Industry and Security is seeking comments on an information collection related to statements by the ultimate consignee and purchaser of U.S. exports, it said in a notice. The collection involves Form BIS-711, which provides information on the foreign importer receiving the U.S. technology and how the technology will be utilized, and “provides assurances” that the technology will not be used in violation of the Export Administration Regulations. Comments are due May 24.
The Bureau of Industry and Security is conducting an information collection related to a survey to assess the competitiveness of certain U.S. industries in the defense industrial base, a notice said. The survey will help BIS “develop policy alternatives to improve the international competitiveness” of those industries to “meet defense program needs.” Comments are due May 24.
The Bureau of Industry and Security fined a California-based satellite communications company $122,000 for illegally exporting controlled goods to Russia, the United Arab Emirates and Brazil. BIS said the company, Comtech Xicom Technology, exported more than $150,000 worth of “traveling wave tubes” (TWT) without licenses, a March 18 order said.
The Commerce Department should expand export restrictions on China’s top chipmaker to prevent it from accessing a broader range of semiconductor manufacturing equipment, two U.S. lawmakers said. In a March 18 letter to Commerce Secretary Gina Raimondo, Sen. Marco Rubio, R-Fla., and Rep. Michael McCaul, R-Texas, asked the agency to apply the foreign direct product rule to China’s Semiconductor Manufacturing International Corporation, which would restrict the company’s ability to import certain foreign-made semiconductor equipment that is built with or that incorporates U.S. technology. The move would subject SMIC to similar restrictions imposed by the Bureau of Industry and Security on other Chinese companies on the Entity List, including Huawei (see 2012210044).
The Bureau of Industry and Security is planning to issue another set of emerging technology controls this year and hopes to propose them for multilateral control in 2022, said Matt Borman, BIS’s acting assistant secretary for export administration. Borman also said he hopes BIS can fall into a more predictable “sequence” for its emerging and foundational technology control effort and move past last year’s disruptions to multilateral regimes caused by the pandemic.
The Bureau of Industry and Security is seeking comments on an information collection related to the North Atlantic Treaty Organization’s bidding process, a notice said. The information collection pertains to the process BIS must undergo to determine whether U.S. firms are eligible to participate in NATO’s bidding process and supply certain goods. BIS previously requested comments in January but said it is extending the comment period by 30 days. Comments are due by April 19.