Export Compliance Daily is providing readers with the top stories from last week, in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
A Texas-based industrial equipment supplier and its former CEO were fined millions of dollars for intentionally violating sanctions and export control laws, but the U.S. declined to prosecute its parent company after the firm voluntarily disclosed the violations and cooperated closely with DOJ’s investigation.
The Bureau of Industry and Security should consider working with companies to help them carry out extra due diligence for certain chip exports and should introduce a notification requirement for exports of advanced AI chips, researchers said in a new report last week. Those and other recommendations could help BIS better prevent illegal chip smuggling, they said.
The Bureau of Industry and Security’s lack of an official replacement regulation for the Biden-era AI diffusion rule is causing significant uncertainty for companies working in the semiconductor sector, industry officials said this week. Although BIS has said it doesn’t plan to enforce the rule, at least one consultant said she’s not yet comfortable advising clients to ignore those restrictions.
The Bureau of Industry and Security's recently issued advanced chip guidance appears to raise compliance expectations for industry, especially for banks and forwarders that may be indirectly or inadvertently violating export controls on China, lawyers said.
A law firm said May 23 that the U.S. was failing to provide documents requested under the Freedom of Information Act partly because it was relying on a “novelly broad” interpretation of the Export Control Reform Act of 2018 (Husch Blackwell v. Department of Commerce, D.D.C. # 1:24-02733).
Gregory Dunlap, a former special agent in charge of the Bureau of Industry and Security's Office of Export Enforcement, has joined Akin as a senior regulatory adviser. Dunlap most recently oversaw export controls and sanctions investigations at BIS and also worked at DOJ for more than eight years, including in the National Security Division.
Although the Bureau of Industry and Security announced last week that it won’t be enforcing the Biden-era AI diffusion rule, companies should reassess their due diligence practices to prepare for a replacement rule and make sure they’re complying with existing chip controls, law firms said, which they expect the Trump administration to aggressively enforce.
Export Compliance Daily is providing readers with the top stories from last week, in case you missed them. You can find any article by searching for the title or by clicking on the hyperlinked reference number.
The Bureau of Industry and Security officially announced this week that it plans to rescind the Biden administration’s AI diffusion export control rule and issue a “replacement rule in the future.” The agency also issued new guidance about how using Huawei Ascend chips and other Chinese chips likely violates U.S. export controls, published recommendations for companies to protect their supply chains against “diversion tactics,” and outlined the types of activities involving AI chips and AI models that may trigger a license requirement.