The Bureau of Industry and Security on June 30 formally issued a notice with details (see 2007130018) of its June decision to suspend Hong Kong export licenses (see 2006300050 and 2006290063), outlining which licenses are impacted and reiterating the agency’s savings clauses for affected exports. BIS also said it is reviewing the Export Administration Regulations along with other agencies to “assess whether additional amendments are warranted.”
Export Compliance Daily is providing readers with some of the top stories for July 20-24 in case you missed them.
The State Department’s Directorate of Defense Trade Controls is seeking comments on an information collection related to advisory opinion requests, a notice released July 27 said. The revision of the collection is meant to “conform the current [Office of Management and Budget]-approved data collection to DDTC’s new case management system,” the notice said. Comments are due Aug. 27.
The Office of Information and Regulatory Affairs concluded interagency reviews of two final rules from the Bureau of Industry and Security. On July 16, OIRA completed review of a rule to suspend license exceptions for Hong Kong. BIS announced the license suspensions last month along with a guidance and savings clause (see 2006300050). OIRA received the rule July 10. On July 17, OIRA completed review of a rule to implement export control changes agreed to during the 2018 Wassenaar Arrangement. The rule will also make revisions related to national security controls. OIRA received the rule May 20.
The Bureau of Industry and Security has begun a broad review of new export controls on surveillance technologies going to China, which may also include additions to the agency’s Entity List, Acting Commerce Undersecretary for Industry and Security Cordell Hull said. Hull called the review “comprehensive” and “in-depth,” saying it could lead to controls over advanced surveillance tools, artificial intelligence software and biometric technologies.
The Office of Information and Regulatory Affairs began an interagency review for a proposed Bureau of Industry and Security rule to control “software” for the operation of “automated nucleic acid assemblers and synthesizers.” BIS will request comments on the proposed export controls. OIRA received the rule July 20.
Export Compliance Daily is providing readers with some of the top stories for July 13-17 in case you missed them.
The Commerce Department will add 11 China-based entities to its Entity List for their involvement in human rights abuses in China’s Xinjiang region, a notice released July 20 said. Nine of the entities are involved in the forced labor of Muslim minority groups and two conduct “genetic analyses” to “further the repression” of the minorities, Commerce said. The additions take effect July 22.
The State Department published its spring 2020 regulatory agenda. The agenda includes a new mention of a final rule to amend the International Traffic in Arms Regulations due to changes made by multilateral export regimes. The rule would update the U.S. Munitions List and “corresponding parts of the ITAR” based on “related treaties” and export regimes, such as the Wassenaar Arrangement, that have updated their export controls. The agency is aiming to issue the rule this month.
The Taiwan Semiconductor Manufacturing Co. said it will stop chip shipments to Huawei due to the Bureau of Industry and Security's increased license restrictions, Nikkei Asian Review reported July 16. TSMC Chairman Mark Liu said the company has not taken any new orders from Huawei since BIS issued a rule May 15 increasing restrictions (see 2005150058), the report said. “Although the regulation just finished its public comment period, the BIS did not make a final ruling change. Under this circumstance, we do not plan to ship wafers [to Huawei] after Sept. 14,” Liu told investors at a conference, according to the report. TSMC did not comment. Liu did not say whether TSMC plans to apply for export licenses. The company recently announced plans to build a chip factory in Arizona (see 2005150033). U.S. lawmakers are concerned that could disadvantage U.S. chip companies if TSMC is awarded unfair subsidies (see 2005200030 and 2005270030).