Export Compliance Daily is providing readers with the top stories for Nov. 8-12 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
The Bureau of Industry and Security needs to better enforce its foreign direct product (FDP) rule, which is not adequately stopping Huawei and other Chinese companies from acquiring certain sensitive U.S.-produced technology, eight Republican senators said in a Nov. 15 letter to Commerce Secretary Gina Raimondo. The senators said Commerce’s “lax enforcement” of the rule has encouraged other technology firms to sell to companies on the Entity List, said the lawmakers, who all serve on the Senate Committee on Commerce, Science and Transportation.
Dali Bagrou, of Alpharetta, Georgia, and owner of World Mining and Oil Supply, was sentenced to 51 months in prison accompanied by three years of supervised release for his role in a scheme to evade U.S. national security laws, the U.S. Attorney's Office for the Southern District of Georgia said. World Mining was sentenced to five years' probation.
Qualcomm supports “targeted and rule-based export controls” as one of several long-term federal policy recommendations for curing the semiconductor shortage, the chipmaker told the Bureau of Industry and Security in comments posted Nov. 10. Washington should “control emerging technologies,” consistent with the 2018 Export Control Reform Act, by imposing targeted and rule-based export controls and avoid disrupting semiconductor supply, especially in legacy node chipsets,” Qualcomm said. “Unilateral controls would only hinder Qualcomm and other U.S. companies from selling in foreign markets, undermining their R&D investments and disadvantaging them against their foreign competitors.” Some international rivals already have “both the technology capability and funding to develop global leadership in these areas,” it said. Submissions to BIS were due Nov. 8 for the agency's September request for information as it prepares a report to the White House on the chip shortage and semiconductor supply chain issues (see 2109230018).
The Bureau of Industry and Security on Nov. 12 issued a new 16-page guidance on its recently issued export controls on certain cybersecurity items, which take effect Jan. 19 (see 2110200036). The guidance includes 29 frequently asked questions on how the items will be controlled, how BIS defines certain control terms, when licenses are required for cybersecurity exports and more. The FAQs also define the term “government end-user” under new License Exception Authorized Cybersecurity Exports (ACE), and list situations when a license requirement is triggered for cybersecurity exports, when universities may need a license for teaching and training, and when certain carve-outs apply.
The Bureau of Industry and Security extended the comment period for an information collection involving the Chemical Weapons Convention provisions in the Export Administration Regulations (see 2107200010), the agency said in a notice. The information collection describes U.S. reporting obligations and information on certain end-use certificates. BIS said it will allow an additional 30 days of public comments. Comments are due by Dec. 13.
The Bureau of Industry and Security revoked export privileges for Manuel Valencia-Hermosillo for illegally exporting ammunition and magazines to Mexico, BIS said in a Nov. 9 order. The agency said Valencia-Hermosillo violated the Arms Export Control Act when he shipped 11,000 rounds of Wolf 7.62 X 39mm ammunition, 100 Palmetto State Armory 5.56 rifle magazines and 100 Korean 7.62 X 39 rifle magazines, all of which were controlled under the U.S. Munitions List. Valencia-Hermosillo was convicted Oct. 13, 2017, and sentenced to 15 months in prison, three years of supervised release and a $100 fine. BIS denied Valencia-Hermosillo’s export privileges for seven years from the date of conviction.
The Bureau of Industry and Security on Nov. 8 revoked export privileges for four people after they illegally exported a range of military-related items, including weapons parts, ammunition and technical data for defense items. Hersel Lincoln McKenzie was convicted Jan. 8, 2020, after illegally exporting 7.62 x 39 mm ammunition to Mexico, BIS said. McKenzie was sentenced to one year and one day in prison and a $100 fine. BIS denied McKenzie’s export privileges for five years from the date of conviction.
Export Compliance Daily is providing readers with the top stories for Nov. 1-5 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
The Bureau of Industry and Security fined a Pennsylvania-based scientific equipment manufacturer $80,000 for illegally exporting goods to Huawei and HiSilicon Technologies in 2019, according to a Nov. 8 enforcement order. The company, SP Industries, exported more than $170,000 worth of goods to the Chinese technology companies just after they were added to the Entity List (see 1905160072).