The Bureau of Industry and Security ought to make available information that is more specific to university export compliance, the Association of University Export Control Officers said in a recent letter to BIS. The letter was prompted by a May Government Accountability Office report that similarly said more guidance for universities would be helpful (see 2005120053). “While it is possible for universities to glean some needed information from outreach materials and training geared toward industry, it can be difficult at times to interpret industry-focused guidance to the university environment,” the association said.
A long-awaited rewrite of routed export regulations by the Bureau of Industry and Security and the Census Bureau will introduce a new “Export Responsibility Transfer Agreement” (ERTA) to replace the “writing” currently used to transfer filing responsibilities, with the new agreement specifically transferring filing and licensing responsibilities to the forwarder or agent of the foreign party, said Sharron Cook, a BIS senior export policy analyst, during a webcast of the American Association of Exporters and Importers Annual Conference Sept. 3.
The Bureau of Industry and Security scheduled a meeting of the Materials and Equipment Technical Advisory Committee for Sept. 17 at 10 a.m., it said in a notice. The Regulations and Procedures Technical Advisory Committee will meet at 10 a.m. on Sept. 15, BIS said in another notice. Both meetings are via teleconference.
The Bureau of Industry and Security is seeking public input “on the effectiveness of its licensing procedures as defined in the Export Administration Regulations for the export of agricultural commodities to Cuba,” it said in a notice released Sept. 2. The comments will be used as part of the BIS biennial report to Congress, it said. Comments are due Oct. 5.
The Trump administration “is committed to bold, decisive action” against China that protects U.S. national and economic security interests, Commerce Secretary Wilbur Ross said during a virtual Bureau of Industry and Security conference on Sept. 2. He cited as evidence BIS' s additional export restrictions on Huawei (see 2008170029) and President Donald Trump’s Aug. 6 executive order banning U.S. transactions with the parent companies of TikTok and WeChat. “We each must remain alert to China’s malign behavior and that of other foreign entities that seek our sensitive technologies to damage our economic and national security,” Ross said. “China is a capable, effective and adaptable adversary with unconstrained resources, who regularly uses our American freedom and rules-based norms to advance its goal of dominating global markets.”
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Export compliance is never going to be perfect, panelists said, but with constant education, companies can ensure that their mistakes only warrant warning letters, not fines. The American Association of Exporters and Importers held a panel Sept. 1 about how export compliance plays out in the real world.
BIS Should Expand Huawei Exemption for Standards-Setting Bodies to Entire Entity List, Industry Says
While industry welcomed the U.S. June decision to allow companies to more easily participate in standards-setting bodies in which Huawei is a member (see 2006160035), the administration should expand the rule to exempt all businesses on the Entity List, companies and trade groups said in comments last month. If the Bureau of Industry and Security does not expand the rule, companies will still be hampered at international standards bodies and could continue to cede technology leadership to China, they said.
A U.S. website infrastructure company said the Commerce Department determined not to penalize it after the company submitted a voluntary disclosure about potential export control and filing violations. Cloudflare, based in California, submitted disclosures last year (see 1909120065) to the Bureau of Industry and Security and the Census Bureau for making “incorrect” electronic export information statements and for allowing the export or “download of certain software prior to making required filings.” The company, in an Aug. 10 Securities and Exchange Commission filing, said its disclosures were “completed with no penalties” by Census in November and BIS in June.
The Bureau of Industry and Security released its long-awaited pre-rule for foundational technologies (see 2005190052), asking for industry feedback on the types of technologies BIS should target for potential export controls. The effort, which BIS is pursuing alongside restrictions for emerging technologies, seeks to pinpoint technologies that the agency said may warrant more strict controls.