A new set of U.S. export controls announced this week target a range of semiconductor manufacturing equipment, chip software tools, high-bandwidth memory and more, including by introducing new license obligations on certain foreign-made tools that the Bureau of Industry and Security said can be used by China to make advanced chips for its military. BIS also added more than 100 entities to the Entity List, most based in China, for aiding Beijing's military technology goals.
Recently issued Bureau of Industry and Security guidance that outlined the agency’s due diligence expectations for banks (see 2411010030) was a “warning shot” to financial institutions that they must take export compliance seriously, Meshkat Law said in a November client alert. The firm said the new guidance dispelled “any notions that compliance with the [Export Administration Regulations] is just for exporters.”
The Bureau of Industry and Security added more than 100 entities to the Entity List and released a new set of semiconductor-related export controls on Dec. 2, introducing new license requirements for both U.S.-origin and foreign-produced chip tools and publishing new red flag guidance on how companies should be vetting Chinese chip factories.
The Bureau of Industry and Security is extending the public comment period for an information collection involving the Chemical Weapons Convention provisions in the Export Administration Regulations. The collection describes the purpose of the CWC, U.S. reporting obligations and information on certain end-use certificates. Comments were due Oct. 28, but BIS said it’s allowing for another 30 days (see 2408270015).
The State Department this week announced penalties on three people and two entities and their subsidiaries for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act.
An Indian national violated U.S. export controls by lying on at least one export application for dual-use aerospace technology, telling the government the item would be exported to India when he actually planned to send it to Russia, according to a DOJ indictment unsealed last week and the sworn affidavit of a Bureau of Industry and Security special agent.
China’s Ministry of Commerce released its new dual-use export control list Nov. 15 ahead of the Dec. 1 effective date for its recently issued dual-use export regulations, which outline how the ministry will approach dual-use licensing and export enforcement, detail possible extraterritorial impacts of the controls, and more (see 2410210042).
A New York City-based electronics store was fined $5.4 million by CBP and ordered to forfeit more than $460,000 after it allegedly gave false export information to a freight forwarder and breached record-keeping rules, the Bureau of Industry and Security said last week.
Foreign investment lawyers aren’t expecting a big change in how the Committee on Foreign Investment in the U.S. operates under a second Trump administration, although a new round of tariffs against China and the continued easing of export restrictions among close U.S. allies could change the investment landscape and the number of filings submitted to CFIUS.
The Bureau of Industry and Security and its technical advisory committees should do more public outreach to make sure companies are aware of important export control updates sometimes buried in Federal Register notices, a BIS committee heard last week. That outreach is especially critical for companies working with industrial chemical processing equipment, a committee member and industry lawyer said, which has commercial uses but is increasingly drawing BIS scrutiny for its military capabilities, including in chemical weapons.