The Bureau of Industry and Security sent a proposed rule for interagency review that could place new export controls on certain “marine toxins.” The rule, sent for review March 21, proposes changes to the Commerce Control List to reflect revisions recently made at the Australia Group, a multilateral export control group for chemical and biological weapons. If approved by the interagency, the proposed rule will request public comments on the control changes.
The Census Bureau issued March 15 guidance on recent changes to the Automated Export System that accommodate new export controls on cybersecurity items (see 2110200036). AES now includes license code 64 for newly created License Exception Authorized Cybersecurity Exports, which authorizes exports of certain cybersecurity items. The guidance includes information on how to use the new license code and which Export Control Classification Numbers, modes of transportation and Export Information Codes are eligible. The license exception, which the Bureau of Industry and Security announced in October along with new export controls for certain cybersecurity items, took effect March 7 (see 2201110025).
The Bureau of Industry and Security is preparing to issue new export control decisions involving emerging technologies agreed to at the 2021 Wassenaar Arrangement plenary. The interim final rule, sent for interagency review March 8, will harmonize the Commerce Control List with a portion of Wassenaar’s 2021 decisions for certain “recently developed or developing technologies,” BIS said. BIS will implement the remaining Wassenaar 2021 control decisions in a separate rule.
The U.S.’s new Russia export controls could lead to a short-term spike in license applications, but volumes will likely taper off later this year as businesses divest from Russia, said Nazak Nikakhtar, a former senior U.S. export control official.
As global trade restrictions against Russia continue to increase, some companies are grappling with whether to fully exit the Russian market or rely on sanctions screening and temporary carve-outs to keep their operations afloat, lawyers and experts said in interviews this month. But the risks for a majority of businesses are quickly becoming too high, especially as sanctions are expected to grow more punishing.
The U.S. announced a host of new sanctions and export controls, including two new additions to the Entity List, to further penalize Russia and Belarus for the invasion of Ukraine. The measures place new restrictions on technology and software exports to Belarus, export controls on shipments of oil and gas extraction equipment to Russia, blocking sanctions on 22 Russian defense entities and a prohibition on Russian cargo planes flying to and from the U.S.
The U.S. is imposing additional sanctions and new export controls following Russia's "further invasion of Ukraine," as promised by President Biden in his Feb. 22 speech (see 2202220003). The sanctions cover financial restrictions on Russian state-owned enterprises, banks, and individuals, while the export controls set restrictions on a variety of high-tech products. The new measures are part of an "unprecedented level of multilateral cooperation" according to the White House.
The Commerce and Treasury Departments announced a raft of new export controls and sanctions measures against Russia in press releases issued Feb. 24 following White House remarks by President Joe Biden. The measures include export control license requirements for a broad swath of the Commerce Control List, and the expansion of sanctions, including to entities in Belarus. The Bureau of Industry and Security also released a final rule on the export control changes, which take effect Feb. 24.
The Census Bureau Feb. 18 emailed tips on how to address the most frequent messages generated this month in the Automated Export System. Response code 515 is a fatal error for when the Export Control Classification Number wasn’t reported in the right format. The ECCN must be reported in a “NANNN format, where N is a numeric character and A is an alpha character,” the agency said. Census said the filer should verify the ECCN, correct the shipment and resubmit.
In her first public remarks since joining the Bureau of Industry and Security, Thea Kendler said BIS has been constantly looking for new emerging technologies that should be subject to controls and is close to publishing its first foundational technology rule. Kendler, who was confirmed last month as assistant secretary for export administration, also said she plans to prioritize multilateral export controls that protect American technology from China’s military and wants to work closely with industry so those controls don’t harm U.S. competitiveness.