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 Treasury Department's new outbound investment rules will officially take effect Jan. 2, creating new prohibitions and notification requirements to limit certain U.S. business activities in China’s semiconductor, artificial intelligence and quantum sectors. The 297-page final rule, released in pre-publication form Oct. 28, adopts many of Treasury’s proposed regulations issued in June (see 2406210034) with a host of notable tweaks and clarifications, including a more detailed description for the rules’ AI investment threshold and insight into the agency’s due diligence expectations for U.S. companies.
A State Department proposal to revise the definition of defense services could cover an overly broad set of activities and likely exacerbate the already lengthy processing times for commodity jurisdiction requests and export license applications, defense industry groups and firms said in public comments to the agency released last week.
Chinese government efforts to obscure which firms have public links to the country’s military are making due diligence more complicated, but compliance officers can use several strategies to overcome those challenges, said Colby Potter, a former intelligence official with the State Department.
The Biden administration believes it has struck the right balance in managing technology trade with competitors such as China, White House National Security Adviser Jake Sullivan said Oct. 23.
The Federal Maritime Commission needs more employees and funding to investigate and penalize violators of shipping laws, especially for costly cases that move to U.S. courts, the commission’s enforcement division director told the FMC this week. Commissioners also said the FMC is closely scrutinizing ocean carriers and terminal operators accused of unfair surcharge practices stemming from the recent labor strikes at U.S. East and Gulf coast port terminals.
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.
New export controls over U.S. persons’ support for certain foreign military, intelligence and security services activities would place too much strain on both the government and industry compliance departments, disadvantage American exporters compared with their foreign competitors, and may provide no clear benefit to U.S. national security, companies and trade groups told the Bureau of Industry and Security.
The Bureau of Industry and Security will add 26 companies and people to the Entity List after the agency said they violated U.S. export controls -- including by supplying sensitive items to China, Iran, Pakistan or Russia -- or failed to comply with U.S. end-use checks.
Chinese drone-maker DJI Technology Co. is challenging the Pentagon's designation of the firm as a Chinese military company, saying the agency applied the "wrong legal standard," mixed up individuals "with common Chinese names" and relied on "stale alleged facts and attenuated connections that fall short of demonstrating" the company is connected to the Chinese military (SZ DJI Technology Co. v. U.S., D.D.C. # 24-02970).