CBP has updated a license code in the Automated Export System for shipments involving export licenses by partner government agencies that aren’t incorporated in AES, it said in a March 13 CSMS message. Exporters should use License Code OPA (Other Partnership Agency) to give CBP a “heads-up that some paper documentation is required by another Federal agency not accommodated in AES,” according to the agency, such as the Drug Enforcement Agency or the Bureau of Alcohol, Tobacco, Firearms and Explosives. Licenses from the Bureau of Industry and Security, the Office of Foreign Assets Control, the State Department, the Energy Department and the Nuclear Regulatory Commission “cannot be used with license type” OPA, CBP said in the CSMS message.
A State Department notice declaring that all agency efforts to control international trade now constitute a "foreign affairs function" of the U.S. under the Administrative Procedure Act will ultimately be subject to the discretion of the courts, trade lawyers told us.
The Senate voted 54-45 late March 13 to confirm Washington trade lawyer Jeffrey Kessler to be undersecretary of commerce for industry and security. The vote came a week after the Senate Banking Committee approved Kessler’s nomination along party lines (see 2503060043). Kessler has said he would conduct a host of reviews at the Bureau of Industry and Security, including whether the agency needs more statutory authorities to do its job (see 2503060043).
The Bureau of Industry and Security could face significant challenges imposing and enforcing export controls against China if the Trump administration continues to slash government workers and resources, particularly in the national security sphere, a technology policy researcher said in a new report. The report said the U.S. needs to continue investing in efforts to close export control loopholes that allow China to acquire advanced artificial intelligence chips, but it also said that even “extremely aggressive” controls are unlikely to give the U.S. a large lead in the AI race.
The Bureau of Industry and Security released a "preliminary" agenda for its update conference scheduled for next week. The agenda includes two plenary sessions, a panel on export enforcement, and breakout sessions covering various topics, including semiconductor export controls, "emerging technology and foreign technology analysis," end-use/end-user controls, AUKUS, export enforcement best practices, the Office of Information and Communications Technology and Services, a regulatory review, space controls, and the Defense Production Act. The agenda also includes a list of speakers, which includes senior officials from BIS, the Office of Foreign Assets Control, the State Department and the Pentagon as well as government officials from Japan, South Korea and the EU. BIS said the agenda is subject to change.
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The U.S. should tighten export controls on advanced artificial intelligence chips and bolster security requirements for frontier AI labs, which will slow American adversaries from developing their own AI technologies and keep the U.S. in the lead, AI research and development firm Anthropic told the White House this month.
Robert Rasmussen, a technology policy coordinator within the State Department’s Directorate of Defense Trade Controls, resigned from his role after accepting the terms of the Trump administration’s deferred resignation program, he announced March 8 on LinkedIn. Rasmussen also worked as an export compliance specialist in the Bureau of Industry and Security from 2016 to 2020 before joining DDTC in 2023. The White House offered the deferred resignation program to federal employees earlier this year, promising to pay them through September in exchange for their resignation.
A House Republican proposal to pass a temporary government spending measure, or continuing resolution (CR), for the rest of FY 2025 would prevent Congress from weighing in on export control policy, such as by opposing the easing of restrictions on Russia, according to a memo released March 8 by Senate Appropriations Committee ranking member Patty Murray, D-Wash.
House Select Committee on China Chairman John Moolenaar, R-Mich., asked the Bureau of Industry and Security to brief his panel on how it's restricting China’s access to U.S. university supercomputers.