The Bureau of Industry and Security is hoping to publish a rule this summer that would again update or clarify how export controls apply to releases of technology for standards setting or development in standards organizations, said Hillary Hess, director of the BIS regulatory policy division.
BIS Advisory Opinion
Exporters may request advisory opinions from BIS to determine whether an export, service or other activity requires a license under the Export Administration Regulations. BIS releases select advisory opinions on its website that it judges may be of interest to the public.
Technology companies, trade groups, think tanks and researchers urged the government to be cautious as it evaluates its semiconductor-related export controls and prepares new ones, warning that misguided restrictions could cede American technology leadership to China, hurt the competitiveness of U.S. companies and raise the complexity of an already fraught compliance landscape.
The Bureau of Industry and Security published a new set of frequently asked questions for its recently updated semiconductor export controls (see 2310170055), offering guidance on the agency’s new export notification requirement, its controls on U.S. persons activities, the scope of its end-use controls, direction for electronic export information filers and more. The FAQs also give input on several export scenarios that may require a license and preview at least one export control revision that BIS plans to make.
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The Bureau of Industry and Security recently published an advisory opinion that offers guidance on its genetic elements export controls under Export Control Classification Number 1C353.
Licensing work at sanctions and export control agencies likely will grind to a near halt in the event of a federal government shutdown Oct. 1, though enforcement activities at the Bureau of Industry and Security, Directorate of Defense Trade Controls and Office of Foreign Assets Control will continue -- if previous shutdowns are any guide.
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The Bureau of Industry and Security clarified rules surrounding two deemed export scenarios in a new advisory opinion issued in June and released publicly this week. The opinion said U.S.-based subsidiaries are allowed to release certain controlled technologies to their foreign parent companies’ employees -- when they are on temporary assignment in the U.S. -- if the American subsidiary already has an export license to ship the item to its parent company. BIS also said the U.S. subsidiary can use its export license to ship covered items to its parent company if the items were developed by employees on temporary assignment in the U.S.
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