The Bureau of Industry and Security suspended the export privileges of two people for illegally exporting guns and ammunition.
Annual encryption self-classification reports and semi-annual sales reports for certain encryption items are due to the Bureau of Industry and Security by Feb. 1, Thompson Hine said in a reminder to clients last week. The self-classification report covers less sensitive items under the BIS License Exception ENC, and must provide information on encryption commodities, software and components exported during the previous calendar year. For the upcoming semi-annual sales report deadline, BIS requires information on exports that occurred between July 1 and Dec. 31 of the previous year.
The Bureau of Industry and Security is extending the public comment period for an information collection related to “miscellaneous licensing responsibilities and enforcement” (see 2211090013). The collection describes 10 miscellaneous activities associated with exporting controlled goods, including the exchanging of documents among parties in a transaction to “ensure that each party understands its obligations under U.S. law,” BIS said. Other activities involve writing export control statements on shipping documents or reporting “unforeseen changes in shipping and disposition of exported commodities.” The BIS Office of Export Enforcement and CBP need these activities to document export transactions, enforce export regulations and protect U.S. national security, BIS said. The agency is allowing for an additional 30 days of public comments. Comments had been due Jan. 9.
The top Republican on the House Foreign Affairs Committee said the Commerce Department hasn’t yet provided “acceptable responses” to oversight questions about the agency’s technology export controls. In a letter sent last week to Commerce, Rep. Michael McCaul, R-Texas, said the House committee may “use the authorities available to it to enforce these requests as necessary, including through compulsory process.”
The Bureau of Industry and Security this week updated its October chip controls on China to also extend the restrictions to Macau. BIS said Macau -- as a special administrative region of China -- presents a “risk of diversion” of export controlled items and should be subject to the same license requirements introduced by BIS’ October rule, which was intended to restrict China’s ability to acquire advanced computing chips and manufacture advanced semiconductors (see 2210070049).
The Bureau of Industry and Security last week revoked the export privileges of three people for trying to illegally send items to China and Mexico.
The U.K. last week declined requests from Parliament to disclose more information about export control violations, saying it doesn’t believe the transparency will aid compliance or boost voluntary disclosures. The U.K. also said it’s bound by certain “confidentiality” requirements, including rules that limit the Department for International Trade’s Export Control Joint Unit (ECJU) from releasing names of companies that have violated export restrictions.
The Bureau of Industry and Security finalized new export controls on four dual-use marine toxins after the restrictions were agreed to at the multilateral Australia Group (AG). BIS also announced other export control changes made by the AG, including revisions to clarify controls on certain “genetic elements and genetically modified organisms” and the “scope of the exclusion that applies” to certain medical isolators. The agency also updated the “nomenclature” of certain bacteria and fungi, and clarified the definition of “disinfected” as it applies to certain biological equipment. The changes take effect Jan. 17.
The European Union updated its dual-use export control list this week to align the bloc’s restrictions with decisions taken by “international non-proliferation regimes and export control arrangements” through December 2021. Among the changes are new controls on certain electronics, semiconductors and computers, including “Electronic Computer-Aided Design (ECAD) used in the design process of Gate-All-Around Field-Effect Transistor (GAAFET).” The U.S. Bureau of Industry and Security similarly imposed new controls last year on certain ECAD software after the restrictions were agreed to at the 2021 Wassenaar Arrangement (see 2208120038).
The Bureau of Industry and Security issued a 180-day temporary denial order Dec. 13 against three people and two companies for illegally sending controlled exports to Russia as part of a Moscow-led sanctions evasion scheme. Along with the denial order, DOJ indicted the three individuals, along with others, on charges related to the illegal exports, including money laundering, wire fraud, bank fraud and conspiring to defraud the U.S.