The Los Angeles and Long Beach ports again postponed by a week a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), the two ports announced June 17. The ports had planned to begin imposing the fee in November 2021 but have postponed it each week since. The latest extension delays the effective date until June 24.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The Commerce Department and other government agencies can better tailor their outreach efforts to universities to mitigate export control risks in academia, the Government Accountability Office said in a report last week. Although Commerce, the Department of Homeland Security and the FBI all conduct outreach with colleges to prevent illegal deemed exports and other sensitive technology transfers, they can do a better job identifying and analyzing export control “risk factors,” GAO said, and use their “limited resources” to make their outreach more efficient.
The Bureau of Industry and Security is looking to build on its ability to impose multilateral export controls, said senior BIS official Thea Kendler. Kendler, speaking during a conference last week hosted by the American Association of Exporters and Importers, said the agency wants to capitalize on the highly-coordinated Russia controls to better align future restrictions with a “core group of countries,” echoing comments made by Commerce officials earlier this year who voiced support for a new multilateral export control regime.
The Bureau of Industry and Security on June 16 suspended the export privileges of Belavia Belarusian Airlines, the country’s state-owned national airline, for violating U.S. export controls against Belarus. BIS issued a 180-day temporary denial order for Belavia, which bans it from participating in transactions subject to the Export Administration Regulations.
Export controls on their own haven’t historically proven to be very effective in stopping U.S. adversaries from acquiring illegal technologies and components, said Daniel Gerstein, a former export control official at the Department of Homeland Security. Gerstein, speaking during a June 16 Emerging Technology Technical Advisory Committee meeting, said the U.S. and other countries have “ample information telling us that they have not been particularly effective, even for sanctions regimes.”
The EU needs to modernize and revamp its regulations surrounding intangible technology transfers, which lack sufficient export control guidance, said Magnus Nordeus, vice chair of Digital Europe, a trade policy group. He also said EU companies want more predictability from U.S. export controls, which can be especially difficult to manage for small- and medium-sized businesses.
The Census Bureau is considering a new pilot program that could test the elimination of some export reporting requirements for shipments to Puerto Rico, said Omari Wooden, Census’ assistant division chief for trade outreach and regulations. Officials have so far crafted two proposals that are being discussed “internally,” Wooden said, and would first seek public comment before implementing a potential pilot.
The Bureau of Industry and Security hasn’t given up on a rule to clarify how U.S. companies can participate in standards-setting bodies that have members designated on the Entity List, a senior BIS official said this week. Despite yearslong clamoring for the clarification from technology associations and companies, the rule is facing a lengthy internal review process not only from other agencies but also from different bureaus within the Commerce Department, said Hillary Hess, BIS’s regulatory policy director.
The Bureau of Industry and Security is considering revising its voluntary self-disclosure review process to focus on “more serious” disclosures, said Matthew Axelrod, BIS’s top enforcement official. Axelrod, speaking during a June 14 Regulations and Procedures Technical Advisory Committee meeting, said the change could better dedicate the agency’s time to VSDs that warrant more attention.
Bureau of Industry and Security Undersecretary Alan Estevez this week again stressed the importance of building a new multilateral export control regime, saying that’s one of his priorities as he begins his tenure at BIS. The U.S. and its allies need a new regime “for the 21st century,” Estevez said, specifically one that isn’t only limited to dual-use technologies. “We need to work with our partners on that,” hr said during a June 14 virtual conference hosted by the Center for a New American Security. “We have a great coalition and great momentum, and I intend to do that.”