The Commerce Department is “nowhere near” publishing an export control rule on foundational technologies and is likely not close to releasing its advance notice of proposed rulemaking, Squire Patton Boggs trade lawyer George Grammas said. Commerce management has had a draft of the ANPRM since at least mid-2019, Grammas said. “It doesn't seem to be going anywhere fast,” he said, speaking during a Feb. 20 webinar hosted by Content Enablers. “We don’t seem to be anywhere near seeing a rule on foundational technologies in the near term.”
The Bureau of Industry and Security revised the country groups for Russia and Yemen under the Export Administration Regulations (see 2001090040), BIS said in a notice. The changes increase license restrictions for both countries and are part of a larger effort within BIS that involves a “comprehensive review” of all country groups to better align with the administration's foreign policy concerns. All shipments now requiring a license as a result of this rule that were on dock for loading or aboard a carrier to a port as of Feb. 24 may proceed to their destinations under the previous eligibility, BIS said. Shipments that have not been exported, re-exported or transferred by March 25 will require a license.
Export Compliance Daily is providing readers with some of the top stories for Feb. 10-14 in case you missed them.
The State Department announced penalties on foreign entities for illegal transfers under the Iran, North Korea and Syria Nonproliferation Act, the agency said in a notice. The entities transferred items subject to multilateral control lists -- such as the Wassenaar Arrangement -- that contribute to weapons proliferation or missile production. The entities mentioned in the notice include companies based in China, Iraq, Russia and Turkey and are barred from purchasing items controlled on the U.S. Munitions List and by the Arms Export Control Act. In addition, the State Department will suspend any current export licenses used by the companies; State will bar them from receiving new export licenses for any goods subject to the Export Administration Regulations; and government agencies are barred from entering into procurement contracts with them. The measures took effect Feb. 3.
Kuwait Airways Corp. was fined $700,000 as part of a settlement agreement with the Commerce Department after the corporation violated the Export Administration Regulations through antiboycott violations, Commerce said in an order released this month. The company, based in New Jersey, committed 14 violations of the EAR when it complied with an “unsanctioned foreign boycott” by refusing to accept passengers with Israeli passports. Commerce said it will suspend $100,000 of the fine if Kuwait Airways does not commit another violation of the Export Control Reform Act or of the EAR within the next three years, if it pays the remainder of the fine on time, and if it complies with the terms of the settlement. If the airline does not comply with the settlement, BIS may revoke the airline’s export privileges for one year and revoke the corporation’s current export licenses and exceptions.
As the final regulations for the Foreign Investment Risk Review Modernization Act take effect this week, FIRRMA’s definition for critical technologies remains unclear due to a lack of proposed rules by the Commerce Department on emerging and foundational technologies, trade lawyers said.
Export Compliance Daily is providing readers with some of the top stories for Jan. 27-31 in case you missed them.
The Commerce Department still does not have a timeline for releasing its next set of controls on emerging technologies and its advance notice of proposed rulemaking for foundational technologies, despite expectations from top officials that both would be published before 2020, a Bureau of Industry and Security official said. “I would have thought that they would be out earlier,” said Hillary Hess, director of BIS’s regulatory policy division, speaking during a Feb. 4 Sensors and Instrumentation Technical Advisory Committee meeting. “I think everybody would like to see them come out, but I’m not sure how long it’s going to take. I’m having trouble getting a bead on it myself.”
Small and medium-sized companies can apply to attend one of the Australian government's free training seminars on U.S. export controls during March in Sydney, Canberra, Adelaide, Brisbane, Melbourne and Perth, Australia said Jan. 23. The two-day seminars will provide companies with “practical expertise of current best practice” for dealing with technologies controlled under the International Traffic in Arms Regulations and the Export Administration Regulations, it said. The seminars are open to manufacturers and companies involved in research and development with “immediate intent or actively involved with US technologies subject to these regulations.”
The Commerce Department Bureau of Industry and Security is seeking comments on a proposal for an information collection that BIS will submit to the Office of Management and Budget, BIS said in a notice. The information collection involves 10 “miscellaneous” activities described in the Export Administration Regulations relating to the exchange of documents among parties in Commerce Department-controlled export transactions. Comments are due Feb. 28.