Three days after Commerce Secretary Gina Raimondo suggested her Bureau of Industry and Security needs more funding to handle a surge in export licensing requests (see 2312040041), three key House Republicans said on Dec. 5 that BIS must strengthen its export controls before they will support a budget increase for the agency.
The Bureau of Industry and Security's addition of 42 entities to the Entity List this week “sends a clear message” that the U.S. and its allies “are watching and will act forcefully” in response to Russian export control evasion, BIS official Thea Kendler said. “Our controls are in place to protect the national security of the United States, and bad actors that violate them will be held accountable.”
New analysis from Georgetown University’s Center for Security and Emerging Technology includes a table of more than 100 types of semiconductors and whether they’re subject to U.S. export licensing requirements. CSET also said a new red flag recently published by the Bureau of Industry and Security could cause foundries to ask more questions of customers seeking to produce advanced chips.
The U.S. charged Belgian national Hans Maria De Geetere this week in two separate indictments for allegedly helping to illegally export "military-grade technology" from the U.S. to end-users in China and Russia, DOJ said. The agency said the business owner tried to procure more than $2 million worth of illegal exports from undercover government agents, and told one Commerce Department agent that a shipment was destined for Belgium when it was actually meant for Hong Kong.
Four Republican senators have called on the Commerce Department to reverse its decision to remove China’s Institute of Forensic Science from the Entity List, saying the easing of trade sanctions on the scientific lab was premature.
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The U.S. this week announced new sanctions and export controls against a host of companies and people for violating export restrictions against Russia, including a Belgian businessman and his defense component procurement network. Along with new Treasury Department sanctions, DOJ said it was preparing to release two indictments against the man, Hans De Geetere, and the Bureau of Industry and Security added De Geetere, his affiliated companies and other unrelated parties to the Entity List for illegally supplying Russia’s military and defense industrial base.
The Bureau of Industry and Security has released the beta version of its new website as it looks to officially replace its current site, which officials have called “dated” (see 2310310059). The agency said the beta site is an “in-progress version that incorporates new tools to access and use BIS regulations” but results “from this beta site may be inaccurate or incomplete and should not be relied upon for compliance with the” Export Administration Regulations.
The U.S. will increasingly look to apply new export licensing requirements to entire countries rather than to specific companies, which could lead to a shift away from the Entity List, Commerce Secretary Gina Riamondo said. She also said the agency will continue targeting new artificial intelligence-related products developed by American semiconductor companies, such as Nvidia, that fall just below U.S. export control thresholds.
End-use certificates can be a good way to mitigate some sanctions and export control risk, but “it doesn't necessarily make the risk completely disappear,” said Jan Dunin-Wasowicz, a Hughes Hubbard trade lawyer. Dunin-Wasowicz cautioned companies about relying solely on end-use and end-user statements when conducting due diligence, adding that companies can take other compliance steps to vet a transaction, especially because some customers are willing to lie about a product's end-use.