The Census Bureau is updating the Automated Export System with Export Control Classification Numbers and a license code to reflect new export controls over advanced technologies announced last week by the Bureau of Industry and Security (see 2409050028). The update adds multiple new ECCNs to the ECCN reference table in AES, Census said in a Sept. 6 email to industry, and introduces new License Code C70 for License Exception Implemented Export Control (IEC), which authorizes certain technology exports to other countries that have put in place similar restrictions.
A new set of advanced technology export controls announced by the Bureau of Industry and Security this week will apply to quantum computing, semiconductor manufacturing, 3D printing and other critical technologies that BIS said could be used by foreign militaries to harm U.S. national security. The measures, outlined in an interim final rule released Sept. 5, also include a new license exception that could allow U.S. exporters to continue shipping these technologies to a list of close American allies.
The Census Bureau this week alerted export filers about a name change to a license code in the Automated Export System that reflects a new semiconductor-related export license exception introduced by the Bureau of Industry and Security earlier this year. The AES change revises the name of License Code C68 to “Advanced Computing Authorized (ACA) (NO notification required),” according to an Aug. 21 email from Census and a CBP CSMS message.
The Bureau of Industry and Security on Aug. 13 completed an interagency review for an interim final rule that could place new export controls on emerging and advanced technologies in coordination with “international partners.”
A new set of export controls on U.S. persons activities and other transactions could require “dramatic expansions” to some companies’ internal compliance programs, Akin Gump said this month, including additional compliance training, end-user certifications and greater due diligence of suppliers and customers.
Trade groups, lawyers, investment firms, technology companies and foreign governments suggested a range of changes to the Treasury Department’s proposed outbound investment rules (see 2406210034), echoing calls last year for more clarity surrounding the due-diligence steps that will be required of deal-makers and warning that the U.S. risks chilling a broad range of U.S. ventures in China (see 2310050035). Several commenters also urged the Biden administration not to finalize the new prohibitions without similar buy-in from allies, with at least one group suggesting the U.S. is further from coordinating the rules among trading partners than it has let on.
The Pentagon should drop its outdated approach to technology security and export controls and allow American defense companies to work more efficiently with U.S. allies, a Defense Department advisory committee said in a new report this month. The committee said the agency needs major revisions to the way it treats restrictions under the International Traffic in Arms Regulations, warning that DOD is “failing to address shortcomings in international engagement amid a rapidly evolving global security landscape.”
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 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 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.