Foreign Investment Risk Review Modernization Act (FIRRMA) implementation is in its early days, with new rules taking effect on Feb. 13 (see 2002110042), but it's generally assumed the number of transactions coming under Committee on Foreign Investment in the U.S. (CFIUS) jurisdiction will quadruple, said David Plotinsky, DOJ National Security Division principal deputy chief, at a Federal Communications Bar Association event Feb. 19. He said the number of telecom deals subject to CFIUS also likely will quadruple, though there's less concern about deals on “the pipes” of telecom than on data. CFIUS experts said prospective deals now have to take CFIUS issues and possible mitigation steps into consideration early in the planning.
The Commerce Department Bureau of Industry and Security asked for an 8% boost in funding for the 2021 fiscal year to increase export control compliance and enforcement, bolster initiatives to counter China, and to better identify emerging and foundational technologies. BIS’s request for a $10 million budget increase, submitted to Congress last week, comes as the agency plans to roll out a series of export controls on sensitive technologies (see 1912160032), which will increase its involvement in the Trump administration's effort to sustain the U.S.'s technological advantage over China. BIS specifically asked for just over $1 million and five new positions to help it control emerging and foundational technologies and enforce those controls.
The Commerce Department Bureau of Industry and Security is seeking comments on the impact of the Chemical Weapons Convention on “commercial activities” during 2019, BIS said in a notice. BIS said it is soliciting comments to help it prepare for its annual certification to Congress about whether “legitimate commercial activities” of chemical, biotechnology and pharmaceutical firms are banned by the CWC. Comments are due March 16.
Kuwait Airways Corp. was fined $700,000 as part of a settlement agreement with the Commerce Department after the corporation violated the Export Administration Regulations through antiboycott violations, Commerce said in an order released this month. The company, based in New Jersey, committed 14 violations of the EAR when it complied with an “unsanctioned foreign boycott” by refusing to accept passengers with Israeli passports. Commerce said it will suspend $100,000 of the fine if Kuwait Airways does not commit another violation of the Export Control Reform Act or of the EAR within the next three years, if it pays the remainder of the fine on time, and if it complies with the terms of the settlement. If the airline does not comply with the settlement, BIS may revoke the airline’s export privileges for one year and revoke the corporation’s current export licenses and exceptions.
Export Compliance Daily is providing readers with some of the top stories for Feb. 3-7 in case you missed them.
Export Compliance Daily is providing readers with some of the top stories for Jan. 27-31 in case you missed them.
The Commerce Department still does not have a timeline for releasing its next set of controls on emerging technologies and its advance notice of proposed rulemaking for foundational technologies, despite expectations from top officials that both would be published before 2020, a Bureau of Industry and Security official said. “I would have thought that they would be out earlier,” said Hillary Hess, director of BIS’s regulatory policy division, speaking during a Feb. 4 Sensors and Instrumentation Technical Advisory Committee meeting. “I think everybody would like to see them come out, but I’m not sure how long it’s going to take. I’m having trouble getting a bead on it myself.”
The Treasury’s Office of Foreign Assets Control is becoming progressively worse at addressing specific sanctions questions from industry stakeholders, leaving queries unanswered and causing companies to hesitate before completing transactions, according to Nixon Peabody trade lawyer Alexandra Lopez-Casero. Companies can employ certain strategies to get responses from OFAC, Lopez-Casero said, but OFAC is typically not as responsive and helpful as other agencies, such as the Commerce Department Bureau of Industry and Security.
The Commerce Department again postponed the first meeting of its Emerging Technology Technical Advisory Committee and may not reschedule it until March, a Commerce official said. The meeting, which was originally scheduled for Dec. 4, 2019,was initially postponed to January as the agency faced delays in issuing members their security clearances (see 1911200045). But the problem persisted, according to Anita Zinzuvadia, a licensing officer with the Bureau of Industry and Security, who said Commerce canceled the January meeting.
The Commerce Department Bureau of Industry and Security is seeking comments on a proposal for an information collection that BIS will submit to the Office of Management and Budget, BIS said in a notice. The information collection involves 10 “miscellaneous” activities described in the Export Administration Regulations relating to the exchange of documents among parties in Commerce Department-controlled export transactions. Comments are due Feb. 28.