The U.S. this week said it won’t be prosecuting a NASA contractor for export control violations because the organization quickly self-reported the breaches and demonstrated “exceptional and proactive” cooperation with DOJ’s National Security Division. The announcement came after one of the contractor’s employees pleaded guilty to illegally exporting flight control software to a Chinese company on the Entity List and embezzling at least $161,000 in software license sales from those exports.
The Bureau of Industry and Security said April 24 that it added 18 entities to its Unverified List after it was unable to verify the “legitimacy and reliability” of the parties through end-use checks, including their ability to responsibly receive controlled U.S. exports. It also removed five companies from the list.
The first few weeks of Undersecretary Jeffrey Kessler’s tenure at the Bureau of Industry and Security have been defined by industry uncertainty and skepticism toward career government and business officials, industry members and BIS staff said.
U.K. Prime Minister Keir Starmer has named Stephen Lovegrove, a former U.K. national security adviser and defense minister, the special representative to the AUKUS partnership between Australia, the U.K. and the U.S. Lovegrove called AUKUS a “uniquely powerful partnership which will develop and deliver cutting-edge capabilities” and help boost the U.K.’s defense industrial base. “I look forward to starting work immediately to help maximise the potential of this vital partnership,” he said.
Even if the Trump administration were to lift U.S. sanctions against Russia, the country would still be “uninvestable” for multinational companies because of the EU’s trade and financial restrictions, which would likely remain in place, said Janis Kluge of the German Institute for International and Security Affairs.
The Bureau of Industry and Security this week added 30 parties to its boycott requester list, a list of entities that have asked other companies to boycott goods from certain countries in violation of the Export Administration Regulations. It also removed 18 parties after they certified that they "stopped making boycott-related requests in transactions with U.S. persons," BIS said.
The Bureau of Industry and Security this week revoked the export privileges of a Kenya-based company and two people for trying to illegally export airplane parts from the U.S. to Russia, including by lying to American freight forwarders and other businesses about where the parts would be sent. It also warned that the company and people are continuing to try to illegally buy export controlled parts from American businesses.
The Bureau of Industry and Security on March 31 renewed the temporary denial order for Russian air cargo carrier Aviastar for one year after finding it continues to violate U.S. export controls. The agency said the airline has continued to illegally operate aircraft subject to the Export Administration Regulations, including for flights within Russia and between Russia and India.
The Bureau of Industry and Security is ending its work in the U.S.-EU Trade and Technology Council as part of a broader effort to pull back from traditional export control dialogues with allies, Jeffrey Kessler, the head of BIS, said in a closed-door meeting with agency officials last week. Kessler also said the agency plans to significantly increase export enforcement against China, warned about possible staffing cuts, urged officials to tamp down on conversations with industry, and said it’s unclear whether existing export controls against Russia will be maintained.
Technology companies and industry groups mostly supported a January State Department rule that will add items to the U.S. Munitions List and remove other items that no longer warrant control (see 2501160027), although they said new restrictions around autonomous underwater vehicles, radar-related technology and more could cause unintended consequences.