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 the title or by clicking on the hyperlinked reference number.
Although many companies could be affected by a potential expansion of the U.S. foreign direct product rule if Russia invades Ukraine, the U.S., the United Kingdom and Canada can also deploy other export restrictions that could have significant compliance implications, Baker McKenzie lawyers said. Those controls could range from more strict licensing policies to a complete trade embargo on certain Russian annexed territories.
The Bureau of Industry and Security added seven entities to the Entity List for nuclear and nonproliferation reasons, including one company in China, five in Pakistan and one in the United Arab Emirates, BIS said. The additions take effect Feb. 14.
BIS is preparing to “soon” issue another set of export controls that will cover both emerging and foundational technologies, said Matt Borman, the Bureau of Industry and Security’s deputy assistant secretary of export administration. The controls, briefly mentioned by a senior BIS official last month (see 2201280045), would represent the first set of formal export restrictions over foundational technologies since Congress passed the Export Control Reform Act in 2018.
The Commerce Department should expand an exemption to allow U.S. companies to participate in standards-setting bodies that have members designated on the Entity List (see 2006160035), the Information Technology Industry Council said in a set of recommendations to the Biden administration. If the exemption isn’t expanded, the U.S. will risk ceding further “ground, influence, and leadership to foreign competitors” in international technology standards development, ITI said Feb. 10.
The State Department has crafted new guidelines for preparing defense trade agreements and plans to release them soon, said Catherine Hamilton, licensing director at the Directorate of Defense Trade Controls. She said the agency also plans to make changes to the International Traffic in Arms Regulations to reflect the new document, which would update submission guidelines for Technical Assistance Agreements, Manufacturing License Agreements, and Warehouse and Distribution Agreements.
The Bureau of Industry and Security will add seven entities to the Entity List for nuclear and nonproliferation reasons. The entities are for one company in China, five in Pakistan and one in the United Arab Emirates. The Chinese company will be subject to a license review policy of presumption of denial for all items subject to the Export Administration Regulations, and the other entities will be subject to certain nuclear end-user licensing restrictions. No license exceptions will be available for the entities. BIS will also make some corrections and clarifications to existing entries on the Entity List. The additions take effect upon publication in the Federal Register, scheduled for Feb. 14.
Although the Commerce and State departments have been able to conduct some export end-use checks during the COVID-19 pandemic, officials said both agencies continue to face challenges scheduling on-site inspections.
Sahar Hafeez has left the Bureau of Industry and Security to begin a new role this week as National Security Council director of international economics. As a senior adviser in the office of the BIS undersecretary, she contributed to the agency’s work on semiconductor supply chain issues (see 2107280051) and other areas.
China objected to the U.S. decision to add 33 Chinese entities to its Unverified List, it said in a Feb. 7 news release. The Bureau of Industry and Security made the additions, which included universities and companies operating in China's technology and electronics sectors, due to its inability to verify the reliability of the entities through end-use checks (see 2202070012). According to an unofficial translation, China's Ministry of Commerce said that the U.S. should immediately correct its perceived wrongdoing and return to mutual beneficial cooperation. MofCom characterized this action, along with the U.S. past export control moves, as tools of "political suppression and economic bullying." A BIS spokesperson dubbed its end-use checks a "core principle" of the agency's export control system.