The Bureau of Industry and Security revoked export privileges for two Orlando, Florida, residents after they illegally exported firearms and ammunition from the U.S. to Haiti, BIS said in Oct. 26 orders. BIS said Junior Joel Joseph was convicted April 12, 2019, of violating the Arms Export Control Act and the International Emergency Economic Powers Act when he conspired to export AR-15 rifles, Glock semi-automatic pistols, shotguns and ammunition to Haiti without the required licenses. He was sentenced to 16 months in prison, with three years of supervised release and a $500 fine. Jimy Joseph was convicted May 22, 2019, of conspiring to illegally export AR-15 rifles, Glock semi-automatic pistols and ammunition and was sentenced to 16 months in prison, three years of supervised release and a $200 fine. BIS revoked each man's export privileges for seven years from the date of his conviction.
The Office of Information and Regulatory Affairs completed a review Oct. 22 of a Bureau of Industry and Security final rule related to its “national security license application review policy” for China, Russia and Venezuela. OIRA received the rule Sept. 17 (see 2009180012).
The Bureau of Industry and Security is allowing exporters to request a six-month extension for their export licenses, due to the COVID-19 pandemic, BIS said in an Oct. 17 notice. Licenses are eligible for the extension if they expire on or before Dec. 31, BIS said, adding that extensions will be granted in “most cases.” Exporters can apply for the extension by emailing LicenseExtensionRequest@bis.doc.gov and can expect to hear back from BIS within two to three business days.
The White House released a national strategy for critical and emerging technologies that it said will better synchronize agency efforts amid technology competition with China. The strategy builds on export control efforts carried out by the Commerce Department, a senior administration official said, and will allow government offices to better align their strategies as the U.S. restricts Chinese access to sensitive U.S. technologies.
The Census Bureau issued a guidance on Oct. 8 on the mandatory filing requirements outlined in the Bureau of Industry and Security's April rule on military-related exports (see 2006250026). Census said it received a “number” of questions on the rule, which increased due diligence requirements for certain exports to China, Russia and Venezuela and requires certain Electronic Export Information filings for some exports captured under the rule (see 2004270027).
The Bureau of Industry and Security should be careful not to place overly broad, unilateral export restrictions on items for crowd control reasons if the controls disproportionately hurt U.S. competitiveness, industry told BIS in comments released this month. But some commenters, including a human rights advocacy group and a Congress member, called for new export restrictions and suggested existing controls -- especially on technologies that contribute to Chinese human rights abuses -- should be tightened.
The Bureau of Industry and Security removed 40 entries and added 26 others to its Unverified List, the agency said in a final rule released Oct. 8. BIS removed the 40 entries -- located in China, Hong Kong, Indonesia and the United Arab Emirates -- after verifying their “legitimacy and reliability” relating to the end use of items subject to the Export Administration Regulations or because their companies are no longer “involved in U.S. exports.” BIS added the 26 others -- located in Armenia, Finland, Hong Kong, Germany, Pakistan, Turkey, the UAE, Mexico and China -- because it was unable to verify their “bona fides” through an end-use check. The changes take effect Oct. 9.
The Bureau of Industry and Security on Oct. 6 extended the comment period for its pre-rule on foundational technologies, clarifying that it will accept “confidential business information” from commenters if they follow certain guidelines. Comments, which were previously due Oct. 26 (see 2008260045), are now due Nov. 9.
The Bureau of Industry and Security released a final rule Oct. 5 to prevent its publicly disclosing classified national security information during a court battle. The rule said BIS can submit classified information in private -- or “ex parte and in camera” -- to courts reviewing an agency action under Export Administration Regulations. “By providing such information ex parte and in camera to a reviewing court,” the rule said, “BIS can limit access to the information and prevent public disclosure of the information during the course of litigation.”
The Bureau of Industry and Security imposed a license requirement on certain exports of water cannon systems and revised its licensing policy for crime control (CC) items. The moves will place more oversight on exports that have potential to be used for human rights violations, BIS said in final rules released Oct. 5. Both rules take effect Oct. 6.