The Bureau of Industry and Security again renewed temporary denial orders for three Russian airlines accused of violating U.S. export controls against Russia. BIS first suspended the export privileges of Aeroflot, Azur Air and UTair in April 2022, barring the airlines from participating in transactions with items subject to the Export Administration Regulations (see 2204070010), and renewed their denial orders for 180 days from October (see 2210040008) and again from March (see 2303300013). BIS said all three airlines continue to "act in blatant disregard for U.S. export controls" by continuing to operate aircraft subject to the EAR. The orders include a table of recent flights operated by each airline.
Dealmakers are hoping for more certainty when the Treasury Department finalizes regulations for its August executive order on outbound investment restrictions, which may force companies to make difficult investment decisions without assurances that their deals won’t be later unwound.
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The Bureau of Industry and Security added 28 entities to the Entity List this week for various reasons, all falling under the umbrella of “acting contrary to the national security or foreign policy interests of the United States.” The final rule, effective Sept. 27, adds entities in China, Finland, Germany, Oman, Pakistan, Russia and the United Arab Emirates. It also modifies entries for two entities and removes a Military End User List entity.
The Bureau of Industry and Security added 28 entities from China, Finland, Germany, Oman, Pakistan, Russia and the United Arab Emirates to the Entity List for various actions "contrary to the national security or foreign policy interests of the United States.” The additions, outlined in a final rule effective Sept. 27, are now covered by license requirements for all items subject to the Export Administration Regulations, which carry varying license application review policies. BIS also modified two existing entries on the Entity List under the destinations of China and Pakistan. and removed an entity from the Military-End User List under the destination of China.
DOJ's lawsuit against SpaceX looking into whether the space exploration firm wrongly relied on export control laws to justify its alleged hiring discrimination is unconstitutional, the company said in a Sept. 15 complaint in U.S. District Court for the Southern District of Texas. The company also defended its hiring practices in its complaint, telling the court that it risks “severe consequences” for violating the International Traffic in Arms Regulations.
The Bureau of Industry and Security is issuing a technical correction to the Export Administration Regulations and clarifying its rules that cover releases of certain software, the agency said in a final rule issued last week. The rule, effective Sept. 18, clarifies an “ambiguity” in the EAR and notes that releases of software include both source code and object code “for purposes of transfer of access information.” The change will “eliminate potential uncertainty that the § 734.15 definition of 'release' limits § 734.19 to only controlling transfers of access information that release source code, rather than both source code and object code,” BIS said.
Republicans are asking the Biden administration to strengthen export controls against Huawei and Semiconductor Manufacturing International Company after Huawei this month unveiled a new smartphone that may have been made through means that violated U.S. export restrictions (see 2309120005). They said both technology companies should be subject to “full blocking sanctions” and their executives should face criminal investigations, adding that the Commerce Department should revoke all of their existing license applications, add all their subsidiaries to the Entity List and take other measures to cut off a broad range of shipments to both firms.
The Bureau of Industry and Security should explore several changes to the Export Administration Regulations to better prevent exported technologies from being used for human rights violations, including by maintaining a regularly updated list of EAR99 items that are likely to be misused by authoritarian regimes, said Annie Boyajian, vice president for policy and advocacy for Freedom House. Boyajian also suggested BIS engage more with civil society groups, including by creating a formal mechanism that would allow those groups to inform the agency about new ways technologies are being misused.
The U.S. Census Bureau clarified who the ultimate consignee would be for certain scenarios, in a blog post on Sept. 7. The blog post includes a few scenarios wherein the Foreign Principal Party in Interest (FPPI) or foreign buyer is listed as the ultimate consignee, and two of those wherein "reseller/distributor" is listed as the Ultimate Consignee Type if they are reselling or distributing the goods.