In July 2011, the Bureau of Industry and Security issued a proposed rule, seeking comments by September 13, 2011, that would implement a control structure under the Export Administration Regulations in order to transfer less significant items that no longer warrant control on the U.S. Munitions List to control under the Commerce Control List.
The State Department has submitted a proposed rule to the Office of Management and Budget in order to clarify the brokerage regulations that cover a company's sales representative. The current requirement to notify DDTC of certain brokering activities will be changed to require prior written approval. In addition, a new form will be instituted to collect information to request approval for a specific activity involving defense articles, defense services, or related technical data.
The Bureau of Industry and Security has issued a final rule, effective August 15, 2011, which amends the Export Administration Regulations by adding to the Entity List1, 15 individuals and companies under 20 entries in the following six destinations: Cyprus, Greece, Iran, Syria, Ukraine, and the United Kingdom.
The Bureau of Industry and Security has issued a final rule, effective August 15, 2011, to implement additional changes to the Entity List1 on the basis of the annual review of the Entity List conducted by the End-User Review Committee (ERC). In this final rule, BIS amends seven entries on the Entity List under Syria. This final rule also makes a clarification to an existing entry located in China.
On August 12, 2011, the President announced he was continuing for one year the national emergency regarding export control regulations declared in Executive Order 13222. The President states that because the Export Administration Act has not been renewed by the Congress, the national emergency declared on August 17, 2001, must continue in effect beyond August 17, 2011. (In EO 13222, a national emergency was declared with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the U.S. in light of the expiration of the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.).) 08/16/11 Federal Register notice available here.
The Bureau of Industry and Security announced on August 10, 2011 that Jianwei Ding, of Singapore has agreed to pay a $100,000 civil penalty and have his export privileges denied for a period of 25 years, to settle allegations that he conspired to violate the Export Administration Regulations (EAR) by knowingly and willfully attempting to export carbon fiber to China for use by the China Academy of Space Technology (CAST) without the required U.S. Government authorization.
The International Trade Administration has issued an Export Trade Certificate of Review to Wood Machinery Manufacturers of America (WMMA), which certifies WMMA to add TigerStop LLC as a new member of the Certificate, and to delete Saw Trax Mfg as a member from WMMA's Certificate.
On August 8, 2011, the Directorate of Defense Trade Controls announced the following entity name and/or address change(s) for new DDTC license applications. New license applications received after the listed deadline will be considered for return without action for correction to the new name and/or address:
The State Department has issued a final rule, effective August 8, 2011, which amends the International Traffic in Arms Regulations to update country policies regarding Afghanistan, Côte d’Ivoire, Cyprus, the Democratic Republic of the Congo, Eritrea, Fiji, Iraq, Lebanon, Liberia, North Korea, Sierra Leone, Somalia, Sri Lanka, Yemen, and Zimbabwe.
At the Bureau of Industry and Security’s 2011 Update Conference, Census officials discussed the January 2011 proposed rule to amend the AES reporting requirements, including Option 4 (post-departure filing).