The State Department on Aug. 3 sent a proposed rule for interagency review that would expand the definition of activities that are not exports, reexports, retransfers or temporary imports. The rule will propose to add “two additional activities” to the definition in the International Traffic in Arms Regulations, the agency said. The Directorate of Defense Trade Controls in 2019 issued an interim final rule that provided definitions for those activities (see 1912230052) and later published guidance (see 2002210019).
The Bureau of Industry and Security on Aug. 4 sent a final rule for interagency review that would implement certain export control decisions made during the 2021 Wassenaar Arrangement cycle. The rule will revise the Commerce Control List and corresponding parts of the Export Administration Regulations, including License Exception Adjusted Peak Performance, BIS said. The agency recently completed review of a separate rule involving new export control decisions for emerging technologies agreed to at the 2021 Wassenaar plenary (see 2208030007).
President Joe Biden last week extended a national emergency that authorizes certain export control regulations, the White House said. Biden renewed the emergency for one year beyond Aug. 17.
The Bureau of Industry and Security completed an interagency review of an interim final rule involving new export control decisions for emerging technologies agreed to at the 2021 Wassenaar Arrangement plenary. The rule, which was first sent for interagency review March 8 (see 2203090009), was completed Aug. 2. It will harmonize the Commerce Control List with a portion of Wassenaar’s 2021 decisions for certain “recently developed or developing technologies,” BIS said.
The State Department’s Directorate of Defense Trade Controls this week issued 18 frequently asked questions to provide guidance on its new open general license pilot program (see 2207190008 and 2207200005). The FAQs clarify the parameters of the two open general licenses, describe what kinds of transactions and activities they cover, detail who can use the licenses and more. In one FAQ, DDTC said it may issue more open general licenses “depending on its experience with, and observations made during, the pilot program.”
The Bureau of Industry and Security has drafted a prerule that could lead to new emerging technology export controls on “instruments for the automated chemical synthesis of peptides.” The proposed rule, which was mentioned in the agency’s spring regulatory agenda (see 2206270007), would seek public comments on the controls and help BIS determine whether the instruments could provide the U.S. or its adversaries a “qualitative military or intelligence advantage.” BIS sent the rule for interagency review Aug. 1.
A U.S. aerospace company said it may have violated U.S. export controls when it shared a photograph of one of its controlled components. The company, Astra, which offers satellite space launch services, submitted an initial voluntary disclosure to the “appropriate regulatory authority” but hasn’t yet heard back, it said in a July SEC filing.
The U.S. is preparing several new restrictions on exports of semiconductor manufacturing equipment to China to further impede Beijing’s semiconductor capabilities, according to multiple reports.
Several European research organizations and universities recently launched a group to share export compliance information and advocate on behalf of members. The European Export Control Association for Research Organizations aims to “unite European Union research institutes, universities and their export control compliance officers with a view to address the specific character of export controls in a research context,” the group said on its website. Stephane Chardon, the European Commission’s chief export control official, said the group's formation is “welcome” news. “[I]t is essential to raise awareness -- and compliance -- within the research community considering their key role in sensitive technology transfers,” Chardon said July 26. The association said it hopes to be “open for membership soon.”
Commerce Secretary Gina Raimondo, during a July 24 interview on Face the Nation, said that although some critics of the CHIPS bill say it helps semiconductor companies expand chip production in China due to grandfather provisions, she says the guardrails are adequate.