The Trump administration's proposal to transfer firearms-related export controls from the State Department to Commerce would cause significant harm to global security and would loosen necessary controls over dangerous weapons, according to a panel organized by Rep. Norma Torres, D-Calif. Speaking at a House office building on April 23, gun-control experts and advocates attempted to debunk the administration's rationalization for transferring authority for gun export controls. Several pointed to the dangers of increased weapons exporting, saying the U.S. could become complicit in killings around the world. Others pointed to lapses in regulations if the changes take effect.
SAN ANTONIO -- The Commerce Department's Bureau of Industry and Security and the Census Bureau hope to issue their long-awaited proposed regulations on routed export transactions in late spring or early summer, said Sharron Cook, senior policy export analyst at BIS, at the National Customs Brokers & Forwarders Association of America's annual conference April 17. When they come out, Cook thinks, export forwarders will see two of their bigger headaches with the current regulations on track for resolution.
The Commerce Department's Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to add to the Unverified List 50 entities with addresses in China, Hong Kong, Indonesia, Malaysia and the United Arab Emirates (UAE). Thirty-seven of the 50 additions are located in China. The agency's final rule also removes 10 entities and adds one address for a person currently on the list. The Unverified List includes entities for which the U.S. government failed to complete satisfactory end-use checks, and therefore could not verify the entities' bona fides. Additions to the list are as follows:
The Trump administration is expected to complete a review of the current scope of U.S. export controls on countries subject to arms embargoes, including China, and may make potential regulatory changes by May 10, according to an April 5 blog post from Steptoe & Johnson. The administration’s review stems from a section of the 2018 Export Control Reform Act, which requires a “review relating to countries subject to comprehensive United States arms embargo.” The act specifically requires the Commerce, State and Defense departments, among others, to review export controls on trades with “military end uses and military end users,” according to the post.
A Justice Department settlement with Honda Aircraft Company after Honda allegedly discriminated against non-U.S. citizens to try to comply with U.S. export laws serves as a cautionary tale for U.S. employers, according to an April 3 report from Covington & Burling. The case, announced in a Feb. 1 press release, resulted in a nearly $45,000 settlement payment from Honda Aircraft after it wrote in job postings that candidates were required to have a “specific citizenship status,” the press release said. The postings were based on the company’s “misunderstanding” of the International Traffic in Arms Regulations and the Export Administration Regulations, the Justice Department said. Honda Aircraft was ordered to remove all “specific citizenship requirements from current and future job postings.”
The Commerce Department's Bureau of Industry and Security is looking for candidates for its seven Technical Advisory Committees, the agency said in a notice. "Industry representatives are selected from firms producing a broad range of items currently controlled for national security, nonproliferation, foreign policy, and short supply reasons or that are proposed for such controls," BIS said. "Representation from the private sector is balanced to the extent possible among large and small firms." Six of the TACs advise the Commerce Department on the "technical parameters for export controls and the administration of those controls within specified areas." The other TAC "focuses on the Export Administration Regulations (EAR) and procedures for implementing the EAR." TAC members can serve a term of up to four consecutive years and must obtain secret-level clearances prior to appointment, BIS said. Resumes should be sent to Yvette Springer at Yvette.Springer@bis.doc.gov.
The Bureau of Industry Security seeks comments by May 13 on the burden on importers from certain information collections for products subject to Export Administration Regulation export controls, it said. The agency is set to request approval from the Office of Management and Budget for these information collection requirements, which include classification, advisory and license applications and commodity classification requests.
Export Compliance Daily is providing readers with some of the top stories for March 5-8 in case they were missed.
During a March 11 program billed as an information session on upcoming export controls on emerging technologies, Department of Commerce officials were unable to give in-depth details, pointing to delays caused by the recent partial federal government shutdown and an overwhelming number of public comments.
The Bureau of Industry and Security and the State Department seek comments by April 22 to inform its review of recently revised export controls on launch vehicles and spacecraft, they said in two separate notices. Conducted as part of their work on the National Space Council, the agencies seek input on how to streamline controls for the commercial space industry, particularly in light of recent moves from U.S. Munitions List Categories IV and XV to the dual use Commerce Control List.