The U.S. announced a host of new sanctions and export controls, including two new additions to the Entity List, to further penalize Russia and Belarus for the invasion of Ukraine. The measures place new restrictions on technology and software exports to Belarus, export controls on shipments of oil and gas extraction equipment to Russia, blocking sanctions on 22 Russian defense entities and a prohibition on Russian cargo planes flying to and from the U.S.
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.
The Senate should move forward with the confirmation of Alan Estevez, who was nominated last summer to lead the Bureau of Industry and Security, said Kevin Wolf, former assistant secretary for export administration, in a LinkedIn post. "BIS is advancing significant national security objectives in novel and complex ways," said Wolf, who is now a lawyer at Akin Gump. "It needs Alan Estevez in as its Under Secretary now. Seriously. Whatever issues are holding up his confirmation need to be set aside today so that he can get to work at BIS." Sen. Bob Menendez, D-N.J., has voiced some reservations over Estevez's stance on gun export controls (see 2201050023 and 2110050029).
U.S. export controls on quantum computing and communication technologies would slow scientific progress and fail to target the most “defense-relevant applications,” the nonprofit Rand Corp. said in a recent report. The think tank said the U.S. should “not impose export controls on quantum computers or quantum communications systems at this time” or risk stifling American quantum innovation.
The Bureau of Industry and Security will look for ways to improve its administrative enforcement efforts and the voluntary self-disclosure program in the coming year, Assistant Secretary for Export Enforcement Matthew Axelrod said while speaking to the Silverado Policy Accelerator on Feb. 24. Under the administrative enforcement review, BIS will consider how often it uses its no admit/no deny resolutions to help deterrence and accountability, he said. The bureau will also review how it "calibrates" penalties and will explore additional or expanded penalties for items that harm national security even if the transaction value is low. It will also review how often, and in what cases, administrative resolutions should continue in parallel with criminal resolutions by DOJ.
The U.S. is imposing additional sanctions and new export controls following Russia's "further invasion of Ukraine," as promised by President Biden in his Feb. 22 speech (see 2202220003). The sanctions cover financial restrictions on Russian state-owned enterprises, banks, and individuals, while the export controls set restrictions on a variety of high-tech products. The new measures are part of an "unprecedented level of multilateral cooperation" according to the White House.
Two new export control rules from the Bureau of Industry and Security on emerging and foundational technologies are weeks away, said Matt Borman, BIS deputy assistant secretary-export administration, during the Feb. 23 meeting of the agency’s Emerging Technology Technical Advisory Committee.
The Commerce and Treasury Departments announced a raft of new export controls and sanctions measures against Russia in press releases issued Feb. 24 following White House remarks by President Joe Biden. The measures include export control license requirements for a broad swath of the Commerce Control List, and the expansion of sanctions, including to entities in Belarus. The Bureau of Industry and Security also released a final rule on the export control changes, which take effect Feb. 24.
The Bureau of Industry and Security’s reorganization and clarification of its foreign direct product rules this month (see 2202020021) could allow the administration to more easily use the rule to target specific Russian sectors if Russia invades Ukraine (see 2202150043), Akin Gump said in a February alert. The law firm outlined how companies can examine recent BIS changes to the FDP rule as a “guide for analyses of the scope and impact of possible” new Russia controls, and how certain changes to the Export Administration Regulations would affect various exports to Russia. Companies should examine whether their foreign-produced items contain certain levels of U.S. origin content, Akin Gump said, and whether they would have to comply with new licensing restrictions if Russia were moved to a different EAR Country Group.
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.