The Bureau of Industry and Security is working on several new proposed rules for emerging technologies and is still sifting through industry comments on potential controls for surveillance technologies, the agency said in its 2020 report to Congress this month. Along with its work on emerging technologies last year, the agency said it nearly doubled its civil penalties from 2019, processed about 3,000 more export license applications, and met with a range of trading partners and multilateral export regimes to discuss improvements to export controls.
Exports to China
Export Compliance Daily is providing readers with the top stories for Jan. 11-15 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
Congress and the incoming administration should strengthen and maintain a range of export controls and sanctions to prevent China from acquiring sensitive U.S. technologies and items used for repression, the Congressional-Executive Commission on China said in its 2020 annual report. The report and an executive summary, issued Jan. 14, urge the U.S. to continue to dedicate resources to restrict exports to China in order to prevent human rights violations.
The Bureau of Industry and Security announced new controls on technologies and activities that may be supporting foreign military-intelligence end-uses and end-users in China, Cuba, Russia, Venezuela and other “terrorist-supporting” countries. The agency also will bolster controls to prevent U.S. people from supporting weapons programs, weapons delivery systems and weapons production facilities, BIS said in an interim final rule issued Jan. 15. The changes take effect March 16. Comments are due March 1.
China criticized trade restrictions announced by the United Kingdom and Canada this week, which included export controls, import restrictions and other penalties for involvement with forced labor practices in Xinjiang. A Chinese Foreign Ministry spokesperson dismissed the allegations and urged both countries to reverse the measures. “Is there the slightest seriousness in their foreign policies?” the spokesperson said Jan. 13, according to a transcript of a regular news conference provided by the ministry. The comment was made in response to a question from a Reuters reporter, according to the transcript. “The U.K. and Canada should immediately revoke their erroneous decision, stop meddling in China's internal affairs and harming China's interests.”
The United Kingdom and Canada announced a range of measures to restrict trade with China’s Xinjiang region over allegations of human rights violations committed against Uighurs and other ethnic minorities. The measures include export controls, restrictions on certain imports produced by forced labor in the region and penalties for companies that violate the measures. Both countries also issued business advisories for companies operating in the region, warning them about compliance risks and exposure to penalties.
President Donald Trump issued an executive order Jan. 5 to ban certain transactions with Chinese apps Alipay, CamScanner, QQ Wallet, SHAREit, Tencent QQ, VMate, WeChat Pay and WPS Office. The restrictions, effective 45 days after the order was issued, will block transactions between any person or company subject to U.S. jurisdiction with people or companies that “develop or control” the apps. It also directs the Commerce Department to recommend measures to prevent exports of U.S. user data to “foreign adversaries” and to establish a licensing regime for those data exports.
Export Compliance Daily is providing readers with some top stories for 2020 in case they were missed.
The Bureau of Industry and Security this month released the full set of comments it received on its pre-rule for foundational technologies (see 2008260045 and 2010070012), including hundreds of pages of feedback from U.S. and global semiconductor companies urging the agency to refrain from imposing narrow, unilateral export controls. BIS also received comments from some of the world’s largest technology companies, including Google and Microsoft, both of which told BIS that its controls could create unmanageable problems for compliance programs.
The Bureau of Industry and Security plans to officially release the first tranche of its military end-user list (see 2012080046) Dec. 22, naming 103 companies that require licenses to receive certain U.S. exports, reexports or transfers. The first tranche will include 58 Chinese and 45 Russian companies that represent an “unacceptable risk of use in or diversion to” a military end-use or military end-user in China, Russia or Venezuela, the Commerce Department said Dec. 21.