New rules from the Commerce and State departments could lead to a range of new restrictions on U.S. support for certain foreign military intelligence and security services, increasing export licensing requirements for activities that could give U.S. adversaries a “critical military or intelligence advantage.”
The Bureau of Industry and Security this week issued a correction to a recent interim final rule designed to remove export control barriers for standards-setting activities (see 2407170025). BIS said the rule “inadvertently revised language related to recent changes to the Entity List,” and the agency is correcting those “inadvertent revisions.” The correction takes effect July 25.
The Bureau of Industry and Security is expanding its export controls to make more items subject to license requirements under its Iran foreign direct product rule, increasing its Iran-related restrictions under the Export Administration Regulations. The final rule, which was released July 24 but took effect July 23, implements certain provisions in the wide-ranging national security bill President Joe Biden signed into law in April (see 2404240043).
The Bureau of Industry and Security is revising its regulations so that export controls don’t “impede or jeopardize” U.S. participation in international standards-setting bodies and other standards-related activities (see 2406180014), the agency said in an interim final rule released July 17.
The Commerce Department’s spring 2024 regulatory agenda for the Bureau of Industry and Security features a range of upcoming rules that could update and expand U.S. export control regulations, including new controls on the activities of U.S. persons in support of foreign military and intelligence agencies, revised regulatory language to address “diversion concerns,” new multilateral restrictions on emerging technologies and broader license requirements for Pakistan.
China last week announced sanctions against six American defense companies and their senior executives for arms sales to Taiwan. The measures, taken under China’s anti-foreign sanctions law (see 2309270039 and 2310230032), target Anduril Industries, Maritime Tactical Systems, Pacific Rim Defense, AEVEX Aerospace, LKD Aerospace and Summit Technologies, according to an unofficial translation of a July 12 notice from the country’s Ministry of Foreign Affairs. The ministry said the sanctions freeze those companies’ assets in China, and Chinese companies will be barred from doing certain business with their executives. Spokespeople for the six companies didn’t respond to a request for comment.
The House Appropriations Committee has included several export control provisions in a new report accompanying its version of the FY 2025 Commerce-Justice-Science Appropriations Bill.
The House Foreign Affairs Committee approved several export control and sanction bills July 10, including a resolution that would block the Bureau of Industry and Security’s new interim final rule restricting firearms exports (see 2406100048).
The Bureau of Industry and Security is recommending exporters, reexporters and other businesses add a new customer screening tool to their due diligence steps before trading in goods that could later be diverted to Russia’s military, especially for microelectronics and other sensitive goods Russia is looking to import. In new guidance published this week, BIS also clarified the specific compliance steps companies and universities should take if they receive a red-flag letter, an is-informed letter or other written warnings from the agency about certain risky customers or transactions.
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