The Bureau of Industry and Security corrected its September revision of the Export Administration Regulations, which implemented export control changes made by the 2018 Wassenaar Arrangement plenary (see 2009100027). The corrections, issued in a notice released Dec. 3, address errors that were “unintentionally introduced” in Export Control Classification Numbers 3A001, 3A002, 3A991, 5A002, 7A005 and 9E003, BIS said. It said the corrections do not change BIS policy or affect licensing requirements.
The Office of Information and Regulatory Affairs began a review of a final rule from the Bureau of Industry and Security that would clarify the scope of certain export restrictions to reflect decisions made at the June 2019 Australia Group plenary meeting. The rule would amend the scope of Export Control Classification Number 1C991, which covers vaccines, immunotoxins, medical products, and diagnostic and food testing kits. OIRA received the rule Nov. 16.
The Bureau of Industry and Security extended the comment period for an information collection related to foreign importer certificates, end-user certificates, delivery verification certificates and firearms entry clearance requirements, a notice released Nov. 9 said. BIS said it wants more feedback on its collection for import and end-user certificates -- which are “obtained by the foreign importer and transmitted to the U.S. exporter” -- and delivery verification for BIS-controlled items. The agency is also seeking feedback on its information collection for firearms clearance requirements, which have changed due to the recent transfer of certain firearms controls from the State Department. “The Department of Commerce controls the [Commerce Control List] and must now take over this collection of information,” BIS said. The “entry clearance requirements for temporary imports will specify the [Export Administration Regulations] procedures for temporary imports and subsequent exports.” Comments are due Dec. 10.
The Bureau of Industry and Security is considering export controls on certain “software” that can be exploited to develop biological weapons (see 2010010003) and requested feedback from industry about the impact of the controls, the agency said in a Nov. 5 notice. The controls would target software “for the operation of nucleic acid assemblers and synthesizers” that can design and build “functional genetic elements from digital sequence data.” The controls would fall under BIS’s emerging technology effort, and comments are due Dec. 21.
The Census Bureau issued a guidance on Oct. 8 on the mandatory filing requirements outlined in the Bureau of Industry and Security's April rule on military-related exports (see 2006250026). Census said it received a “number” of questions on the rule, which increased due diligence requirements for certain exports to China, Russia and Venezuela and requires certain Electronic Export Information filings for some exports captured under the rule (see 2004270027).
The Bureau of Industry and Security should be careful not to place overly broad, unilateral export restrictions on items for crowd control reasons if the controls disproportionately hurt U.S. competitiveness, industry told BIS in comments released this month. But some commenters, including a human rights advocacy group and a Congress member, called for new export restrictions and suggested existing controls -- especially on technologies that contribute to Chinese human rights abuses -- should be tightened.
The Bureau of Industry and Security imposed a license requirement on certain exports of water cannon systems and revised its licensing policy for crime control (CC) items. The moves will place more oversight on exports that have potential to be used for human rights violations, BIS said in final rules released Oct. 5. Both rules take effect Oct. 6.
The Bureau of Industry and Security on Oct. 2 announced new export controls (see 2008100013 and 2005190052) on six emerging technologies. The controls, which were agreed to by Wassenaar Arrangement members during its 2019 plenary, include:
A former U.S. official and a Senate staffer who worked closely with the Committee on Foreign Investment in the U.S. criticized the Bureau of Industry and Security’s handling of emerging and foundational technologies, saying the lengthy process is impeding the work of CFIUS. David Hanke, the former staffer and architect of the Foreign Investment Risk Review Modernization Act, called CFIUS’s reliance on BIS’s export control effort a “deeply flawed system,” while Nova Daly, the Treasury Department’s former deputy assistant secretary for investment security and policy, acknowledged the process is difficult but said BIS should move faster.
Two Iranian men were charged in a conspiracy to illegally export computer servers to Iran, the Justice Department said Sept. 28. Ebrahim Azadegan and Alireza Alvandi were charged with violating the International Emergency Economic Powers Act and the Iranian Transactions and Sanctions Regulations when they allegedly tried to ship the servers without licenses. The servers are classified as dual-use goods under the Commerce Control List and are export controlled for anti-terrorism and national security reasons.