The U.S. District Court for the District of Columbia on Sept. 10 dismissed FedEx’s June 24 lawsuit against the Bureau of Industry and Security, saying the company failed to show that BIS was acting outside the authority of the Export Administration Regulations. The court also disagreed with FedEx’s claims that the agency was using the EAR to apply overly burdensome liability standards on carriers and impose penalties even when carriers do not have knowledge of violations.
The Bureau of Industry and Security fined a U.S. company $55,000 for illegally exporting rifle scopes to Canada, a Sept. 3 order said. The company, New York-based Carl Zeiss SBE, LLC, shipped the scopes on 10 separate occasions despite knowing that the exports were subject to the Export Administration Regulations, BIS said. The company did not seek a license from BIS for the shipments, valued at nearly $890,000 combined. Carl Zeiss must pay the fine by Oct. 1 or risk having its export privileges revoked.
Export Compliance Daily is providing readers with the top stories for Aug. 31-Sept. 4 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The Trump administration is considering placing export controls on China’s top chipmaker, the latest move in a campaign of restrictions aimed at Chinese technology companies. The controls would target the Semiconductor Manufacturing International Corporation by placing it on the Commerce Department’s Entity List, Reuters said in a Sept. 4 report. The effort is being spearheaded by the Defense Department, the report said, which petitioned Commerce’s End User Committee last week to add SMIC to the Entity List.
The Bureau of Industry and Security ought to make available information that is more specific to university export compliance, the Association of University Export Control Officers said in a recent letter to BIS. The letter was prompted by a May Government Accountability Office report that similarly said more guidance for universities would be helpful (see 2005120053). “While it is possible for universities to glean some needed information from outreach materials and training geared toward industry, it can be difficult at times to interpret industry-focused guidance to the university environment,” the association said.
A long-awaited rewrite of routed export regulations by the Bureau of Industry and Security and the Census Bureau will introduce a new “Export Responsibility Transfer Agreement” (ERTA) to replace the “writing” currently used to transfer filing responsibilities, with the new agreement specifically transferring filing and licensing responsibilities to the forwarder or agent of the foreign party, said Sharron Cook, a BIS senior export policy analyst, during a webcast of the American Association of Exporters and Importers Annual Conference Sept. 3.
The Bureau of Industry and Security scheduled a meeting of the Materials and Equipment Technical Advisory Committee for Sept. 17 at 10 a.m., it said in a notice. The Regulations and Procedures Technical Advisory Committee will meet at 10 a.m. on Sept. 15, BIS said in another notice. Both meetings are via teleconference.
The Bureau of Industry and Security is seeking public input “on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba,” it said in a notice released Sept. 2. The comments will be used as part of the BIS biennial report to Congress, it said. Comments are due Oct. 5.
The Trump administration “is committed to bold, decisive action” against China that protects U.S. national and economic security interests, Commerce Secretary Wilbur Ross said during a virtual Bureau of Industry and Security conference on Sept. 2. He cited as evidence BIS' s additional export restrictions on Huawei (see 2008170029) and President Donald Trump’s Aug. 6 executive order banning U.S. transactions with the parent companies of TikTok and WeChat. “We each must remain alert to China’s malign behavior and that of other foreign entities that seek our sensitive technologies to damage our economic and national security,” Ross said. “China is a capable, effective and adaptable adversary with unconstrained resources, who regularly uses our American freedom and rules-based norms to advance its goal of dominating global markets.”
Export Compliance Daily is providing readers with some of the top stories for Aug. 24-28 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.