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.
The Bureau of Industry and Security again renewed a temporary denial order on Russia's Rossiya Airlines, saying the company has continued to illegally operate planes in violation of U.S. export controls, including on flights between Russia and China and Russia and Kyrgyzstan. The agency renewed the denial order for one year from Nov. 5. BIS first suspended the export privileges of the airline in May 2022 (see 2205200008) and has renewed the order multiple times. The order blocks Rossiya from participating in transactions subject to the Export Administration Regulations.
The U.S. wants to remove more export barriers faced by the commercial space industry even after announcing a set of space-related export control reforms in October, a senior official said this week, adding that the effort could continue under the incoming Trump administration.
Dual U.S. and Russian national Vadim Yermolenko pleaded guilty Nov. 1 for his role in a scheme to illegally export controlled dual-use and military items to Russia as part of a Moscow-led sanctions evasion scheme, DOJ said. Yermolenko pled guilty to conspiracy to violate the Export Control Reform Act, conspiracy to commit bank fraud, and conspiracy to defraud the U.S. Yermolenko faces up to 30 years in prison.
Banks that choose not to follow a set of export compliance best practices recently issued by the Bureau of Industry and Security may be leaving themselves “wide open” to possible penalties under U.S. export regulations, a senior BIS official said, especially if they don’t have other compliance safeguards in place.
The Bureau of Industry and Security fined multinational chip maker GlobalFoundries $500,000 after it illegally exported semiconductor wafers to a Entity Listed firm with ties to Semiconductor Manufacturing International Corp. (SMIC), China’s flagship chip manufacturing company.
U.S. export control efforts -- along with enforcement risks for companies -- will continue to rise no matter who wins the upcoming presidential election, said Matthew Axelrod, the lead export enforcement official at the Bureau of Industry and Security.
The Bureau of Industry and Security is imposing export controls on nine “key” precursors that Russia has used in chemical weapons against Ukraine, the agency said in a final rule that becomes effective Nov. 1. The rule also updates certain language in BIS regulations that it said will reduce the “licensing burden” for certain government entities located in Russia and Belarus, and it clarifies the scope of the agency's foreign direct product rules.
The U.S. this week unveiled new trade and financial restrictions against people and companies across more than 17 countries for helping Russia evade sanctions or for supporting the country’s military, adding nearly 400 to the Treasury Department’s sanctions list and more than 40 to the Commerce Department’s Entity List. Another move by Commerce will tighten existing controls on nearly 50 entities that it said are procuring U.S.-branded microelectronics for Russia.