A Washington, D.C., court last week rejected a Russian citizen’s bid to dismiss government accusations that he misled investors about his company’s “key” space technology and several U.S. “adverse national security determinations” against the company. The ruling came after the Securities and Exchange Commission said Mikhail Kokorich, former CEO of space industry startup Momentus, made several “misrepresentations, false statements, and material omissions” in merger discussions with another firm, failing to disclose that the Commerce Department had rejected at least one of his company's export license applications and planned to deny another (SEC v. Mikhail Kokorich, D.D.C. # 21-1869).
The Bureau of Industry and Society’s export enforcement arm is ramping up outreaches to exporters amid a rise in new restrictions against Russia and China, said Christopher Grigg, a former DOJ official. Grigg, now a lawyer with Nixon Peabody, said the agency’s Office of Export Enforcement is contacting more companies to specifically vet their record-keeping procedures.
The Bureau of Industry and Security this week suspended the export privileges of nine people, after eight of them were convicted of illegally exporting guns and ammunition, and one person was convicted of illegally smuggling pumps and engines.
The Census Bureau is still deciding whether to introduce a country of origin reporting requirement in the Automated Export System despite receiving mostly opposing comments on the proposal, with trade groups saying the change could lead to costly compliance challenges (see 2203160026 and 2301230008). Gerry Horner, chief of the agency’s trade regulations branch, said the division should be meeting with upper management “very soon” to decide on the best path forward.
The Bureau of Industry and Security this week added 32 parties to its Unverified List after it was unable to verify their “legitimacy and reliability” for receiving export-controlled items. The additions include 14 entries in China, five in the United Arab Emirates, four in Turkey, two in Germany and one each in Bulgaria, Canada, Indonesia, Israel, Malaysia, Saudi Arabia and Singapore.
New frequently asked questions on the Bureau of Industry and Security's October China chip controls are “almost through their clearance process,” Sharron Cook, a BIS official, said during a Regulations and Procedures Technical Advisory Committee meeting this week. “Those should be up shortly,” she said.
The Bureau of Industry and Security will soon request feedback from industry, academia and others on key differences in U.S. and EU interpretations of export control provisions, said Charles Wall, BIS’ senior policy adviser for the U.S.-EU Trade and Technology Council. Wall, speaking during a BIS technical advisory committee meeting this week, said the notice will ask for “very specific information” on discrepancies between the two territories' export control regimes and ways those rules can be harmonized.
The Bureau of Industry and Security is hoping its new Disruptive Technology Strike Force leads to more investigations of export control violations, faster prosecutions and more criminal enforcement actions, said John Sonderman, director of the BIS Office of Export Enforcement. The agency also is looking to clamp down on U.S.-origin items ending up in Iranian drones, said Kevin Kurland of OEE, warning that companies should make sure they’re complying with the new Iran Foreign Direct Product Rule issued last month.
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The Bureau of Industry and Security is preparing to publish a proposed rule that would expand the agency’s restrictions on certain activities that support foreign military, security or intelligence services. The rule, expected next week, would implement a provision in the FY 2023 defense spending bill that one lawmaker hailed as the “largest expansion of presidential export control authority in several years” (see 2212210032).