The Bureau of Industry and Security officially announced this week that it plans to rescind the Biden administration’s AI diffusion export control rule and issue a “replacement rule in the future.” The agency also issued new guidance about how using Huawei Ascend chips and other Chinese chips likely violates U.S. export controls, published recommendations for companies to protect their supply chains against “diversion tactics,” and outlined the types of activities involving AI chips and AI models that may trigger a license requirement.
The State Department’s Directorate of Defense Trade Controls this month updated its list of commodity jurisdiction determinations for items and services controlled under the U.S. Munitions List. The new determinations cover certain amplifiers, drones, parts related to fuel tanks, freight advisory services, transceivers, helicopter training, engines and more. DDTC also said some of the items should be classified by the Bureau of Industry and Security under the Export Administration Regulations as EAR99 or other specific Export Control Classification Numbers.
The Census Bureau this week updated two license type codes in the Automated Export System to reflect which Export Control Classification Numbers can be used with those codes, which need to be reported for certain chip-related exports.
The Bureau of Industry and Security this week revoked the export privileges of a Kenya-based company and two people for trying to illegally export airplane parts from the U.S. to Russia, including by lying to American freight forwarders and other businesses about where the parts would be sent. It also warned that the company and people are continuing to try to illegally buy export controlled parts from American businesses.
Technology companies and industry groups mostly supported a January State Department rule that will add items to the U.S. Munitions List and remove other items that no longer warrant control (see 2501160027), although they said new restrictions around autonomous underwater vehicles, radar-related technology and more could cause unintended consequences.
The Bureau of Industry and Security this week updated its website with a new page that lists all past BIS-related rules and notices published in the Federal Register; new tools to search the Commerce Control List; and more, a Commerce Department official said at the agency’s annual update conference. The official said the updates are the “first phase of our ongoing enhancement and migration efforts to transition information from the” old BIS website to the new one (see 2312040016).
The Bureau of Industry and Security is hoping to publish new guidance to clarify due diligence expectations for companies subject to the agency’s recent semiconductor-related export control rules, Commerce Department officials said this week. They also said the agency is hoping to expand its list of approved designers that will benefit from some licensing carve-outs for certain chip exports.
The Bureau of Industry and Security issued a correction this week to its January interim final rule that created new lists of trusted chip designers and service providers; imposed a broader, worldwide license requirement for chip foundries and packaging companies shipping certain advanced chips captured by Export Control Classification Number 3A090; and made other updates to its existing chip export controls (see 2501150040). The correction, effective Feb. 11, revises 3A090 to correct that ECCN's license requirement.
The Bureau of Industry and Security revoked the export privileges of a Florida-based freight forwarding company, the company’s owner and five other businesses for illegally shipping export controlled items to Russia as recently as last year, according to a BIS temporary denial order and court documents.
The Census Bureau added five new license codes in the Automated Export System to reflect the Bureau of Industry and Security's recent export controls on advanced computing chips (see 2501130026), Census said in emails to industry this week.