Trade lawyers are expecting a sharp increase in DOJ export control and sanctions prosecutions in the coming months as the agency’s Counterintelligence and Export Control Section undergoes a hiring spree, and several law firms said the increased attention on sanctions violations may cause some companies to bolster their compliance programs.
The Bureau of Industry and Security is relaxing its licensing policy for certain satellite exports, a change that could have a “major” impact on satellite industry sales, Commerce Deputy Secretary Don Graves said. As part of the change, BIS will review export applications for satellites and satellite components intended to go to Missile Technology Control Regime countries on a case-by-case review policy instead of a presumption of denial, Graves said.
The Census Bureau and CBP this week announced new reporting requirements for exporters sending certain chip-related items to China under a temporary general license or “authorization letter” from the Bureau of Industry and Security. Electronic filers of export information must now use one of Census’ two new license codes in the Automated Export System when using a BIS authorization that exempts them from certain licensing requirements under the agency’s sweeping China chip controls released in October (see 2210070049).
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Iranian national Mehdi Khoshghadam violated U.S. export controls by illegally shipping electrical cables and connectors from the U.S. through Hong Kong and to Iran, DOJ said March 9. Khoshghadam was charged with one count of conspiracy, one count of violating of the International Emergency Economic Powers Act and one count of conspiracy to commit money laundering. The indictment also seeks to forfeit all “proceeds” earned by Khoshghadam from the illegal exports.
The U.S. is planning more export restrictions on semiconductor manufacturing items destined to China and could publish them as early as next month, Bloomberg reported March 10. The new restrictions could “double the number of machines” that require export licenses, the report said, placing new controls on Applied Materials and other chip equipment makers. The Biden administration plans to coordinate the new restrictions with the Netherlands and Japan, but “doesn’t plan to water down its plans if those other nations adopt weaker guidelines,” the report said.
The Bureau of Industry and Security plans to expand its university outreach program to include more schools that may be working on export-controlled technologies, said Matt Axelrod, the agency’s top export enforcement official. Axelrod, speaking during an academic security seminar last week, also outlined the BIS compliance expectations for researchers, warning that not all fundamental research is exempt from export licensing requirements.
The Biden administration's FY 2024 budget request includes funding to support a new outbound investment review “program” and more money for U.S. agencies to carry out export control and sanctions authorities.
The Bureau of Industry and Security should “significantly” strengthen export controls against Huawei to further restrict the Chinese technology company from buying U.S.-origin items, Rep. Michael McCaul, R-Texas, said in a March 6 letter to the agency. Although McCaul applauded its use of the Entity List and the foreign direct product rule to “curtail Huawei’s unconstrained march to dominate 5G telecommunications systems globally,” he said more should be done.
The Bureau of Industry and Security is seeking public comments on an information collection relating to technology letters of explanation. The letters provide the agency with a description of a technology in a license application, allowing BIS technical staff to "evaluate the impact of licensing the export on United States national security and foreign policy." It also requires the “consignee” to certify that an export involving controlled technical data will not be released to blocked people or entities. Comments are due May 8.