The House-passed 2022 National Defense Authorization Act includes a provision that would mandate new sanctions against the Nord Stream 2 gas pipeline project. The amendment, proposed by Rep. Michael McCaul, R-Texas, would authorize sanctions against the project, “excluding the national security waiver,” to attempt to stop its completion. The Biden administration has issued some sanctions against the Russia-to-Germany pipeline project (see 2108230057) but has also said more U.S. sanctions wouldn’t stop the pipeline from being completed and would only cause tension with Germany (see 2107220008).

Although the Committee on Foreign Investment in the U.S. allowed Magnachip Semiconductor Corp. to refile its proposed acquisition by Beijing-based Wise Road Capital (see 2109160037), the deal seems highly unlikely to pass CFIUS scrutiny, trade lawyers said. Finding pathways to mitigate the national security risks identified by CFIUS will be extremely challenging, they said, particularly as the U.S. increases its focus on stopping China from acquiring advanced semiconductor equipment.

The Bureau of Industry and Security is seeking information on the chip sector and the semiconductor supply chain, including sales statistics, production and inventory information, and bottleneck issues, the agency said in a notice. The comments will help the Commerce Department gather information on issues in the semiconductor industry, which was mandated in a February executive order (see 2102240068 and 2107280051).

Rep. Michael McCaul, R-Texas, recently offered several amendments to the 2022 National Defense Authorization Act, including provisions relating to export control statistics, the Entity List and sanctions.

Export Compliance Daily is providing readers with the top stories for Sept. 13-17 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.

Two nominees to lead the Bureau of Industry and Security said they will prioritize stopping illegal technology exports to China and are willing to bypass multilateral controls on certain sensitive technologies if unilateral restrictions are warranted. But Alan Estevez, President Joe Biden’s nominee for BIS undersecretary, and Thea Kendler, the nominee for assistant secretary for export administration, also stressed that export control cooperation with allies is crucial and committed to working to convince trade partners to adopt more controls.

Members of the World Trade Organization Information Technology Agreement should expand the ITA’s list of covered products to include more than 250 additional information and communications technology goods, the Information Technology & Innovation Foundation said in a September report. The foundation said this new and third expansion of the ITA -- called the “ITA-3” -- would eliminate tariffs on a range of evolving ICT goods and “generate tangible economic growth” for major trading nations, including the U.S., China, Japan, Indonesia, South Korea and others.

An investment and research firm expects the Bureau of Industry and Security to issue several proposed rules for export controls related to semiconductors this fall and said BIS is considering other restrictions on certain Chinese technology companies. In a Sept. 17 report, the Cowen Washington Research Group said BIS is “likely” to soon issue several notices of proposed rulemaking to request industry comment on new controls for semiconductor capital equipment, mostly so the U.S. is prepared with new proposals for the next Wassenaar Arrangement cycle.

The Committee on Foreign Investment in the U.S. granted a request from Magnachip Semiconductor Corp. and Wise Road Capital to withdraw and resubmit their initial CFIUS filing, Magnachip said in a Sept. 14 filing with the Securities and Exchange Commission. This will allow the two companies more time for “further discussion” with CFIUS about potential pathways to mitigate the national security risks CFIUS had identified in the merger. CFIUS’s new review period for the merger began Sept. 14 and will conclude no later than Oct. 28, the committee told Magnachip in a Sept. 13 letter. CFIUS may extend the review period if warranted.

The Bureau of Industry and Security is seeking comments on an information collection related to the Biden administration's review of risks in the semiconductor supply chain (see 2103110047 and 2107280051), BIS said Sept. 14. BIS is seeking feedback from industry to better “identify data gaps and bottlenecks in the supply chain.” BIS said the Commerce Department’s “overall goal” is to “add transparency on the semiconductor supply and demand mismatch and identify common bottlenecks and chokepoints.” Comments are due within two days of the publication of the notice on the Office of Information and Regulatory Affairs website. See the notice for search terms on the OIRA website.