The Bureau of Industry and Security has faced challenges applying some of its new export control rules during the last year, including its military end-use and end-user regulations and broader semiconductor-related policies toward China, a senior BIS official said. Matt Borman, BIS’s deputy assistant secretary for export administration, said he recognizes the rules may also be causing compliance challenges for industry, and the agency is considering more guidance.

The U.S. and the European Union agreed to develop “convergent” export controls on sensitive technologies and work more closely on investment screening, the White House said in a fact sheet released after the Sept. 29 inaugural meeting of the U.S.-EU Trade and Technology Council (see 2109270027). Although the White House didn’t name specific technologies that could come under more export control or investment scrutiny, it stressed the importance of semiconductor supply chain cooperation and said the two sides agreed to “achieve concrete outcomes by the next meeting.”

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The Bureau of Industry and Security fined a Texas semiconductor component manufacturer nearly $500,000 for illegally exporting controlled wafers to Russia via Bulgaria (see 2012210013), the agency said in a Sept. 28 order. The company, Silicon Space Technology Corporation, which began doing business as Vorago Technologies in 2015, worked with a Russian engineering firm to export “rad-hard 16MB Static Random-Access Memory (SRAM) wafers,” which were controlled under the Export Administration Regulations for spacecraft and related components.

The U.S. plans to prioritize discussions on export controls and investment screening tools during the first meeting of the U.S.-European Union Trade and Technology Council this week (see 2109130025), senior administration officials said. The two sides plan to release a set of shared trade and technology commitments after the Sept. 29 meeting in Pittsburgh, which should hint at closer collaboration on various trade restrictions, one official said, particularly involving semiconductors.

The Commerce and State departments will jointly oversee an “early alert system” to better manage potential semiconductor supply chain disruptions “linked to public health developments in key trading partners,” the White House said Sept. 23. The alert system, announced after the administration met with semiconductor industry representatives to discuss supply chain issues, will allow the government to better anticipate and detect supply chain issues and increase engagement with foreign governments and industry, the White House said.

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.