The Bureau of Industry and Security released its long-awaited pre-rule for foundational technologies and asked industry to comment on the types of technologies BIS should target for potential controls. BIS is specifically looking for feedback on a definition for foundational technologies, criteria for identifying them, how the controls might impact their development and the potential benefits of end-use or end-user based controls as opposed to technology-based controls.

The Bureau of Industry and Security plans to add 60 entities to the Entity List, including 24 entities for helping the Chinese military build artificial islands in the South China Sea. BIS will also designate entities in France, Hong Kong, Indonesia, Malaysia, Oman, Pakistan, Russia, Switzerland and the United Arab Emirates for a range of activities, including illegal exports to Iran, submitting false information to BIS, contributing to Russian biological weapons programs and more.

The Bureau of Industry and Security issued an order temporarily denying export privileges for three Indonesian companies and three people for illegally exporting U.S. aircraft parts to Iran’s Mahan Air. In an Aug. 20 press release, BIS said the companies operate an “international procurement scheme” for the sanctioned Iranian airline and will be barred from exporting or receiving U.S.-origin goods for 180 days. The suspension may be renewed.

The head of the Bureau of Industry and Security on Aug. 19 affirmed a more than $30 million penalty against a shipping company for export violations after ordering a judge to review the fine for being too high. Commerce Acting Undersecretary for Industry and Security Cordell Hull said in March the fine was perhaps disproportionate to the violations committed by Singapore-based Nordic Maritime Pte. Ltd and chairman Morten Innhaug (see 2003170040), but the judge “affirmed” the penalty. Although Hull said the administrative law judge’s “narrow analysis” for the reasoning behind the recommended penalty was “erroneous,” he said BIS will accept the fine. “BIS believes the penalty should be affirmed in its entirety,” Hull wrote.

The semiconductor industry was surprised by the U.S.’s increased restrictions on Huawei (see 2008170029) and expects significant short-term supply chain disruptions, industry officials and experts said in interviews. Officials also thought the initial version of the rule, issued in May (see 2005150058), was sufficient, and were frustrated that the Bureau of Industry and Security did not ask for feedback on the new requirements.

Flir Systems, a U.S.-based producer of thermal imaging cameras, is being investigated for possible export control violations, the company said in an Aug. 6 filing with the Securities and Exchange Commission. Flir said it voluntarily disclosed the potential violations to the State, Commerce and Justice departments in 2017.

The Department of Justice’s recent changes to its voluntary disclosure policies (see 1912130047) could lead to complications for companies and were met with backlash from other enforcement agencies, said Robert Clifton Burns, an export control lawyer with Crowell & Moring. The guidance, which outlined benefits for companies that disclose export control and sanctions penalties, can be interpreted as saying industry should first submit their voluntary disclosures to the Justice Department instead of to other agencies, Burns said.

The Bureau of Industry and Security on Aug. 17 added 38 Huawei affiliates to the Entity List and refined a May amendment to its foreign direct product rule, further restricting Huawei’s access to U.S. technology, the agency said in an Aug. 17 final rule. BIS also modified four existing Huawei entries on the Entity List, amended language in the Export Administration Regulations and said it will continue one cybersecurity-related authorization under its temporary general license for Huawei. The remainder of the license expired Aug. 13.

The Bureau of Industry and Security is seeking comments on an information collection related to submitting declarations to the International Atomic Energy Agency for nuclear materials, according to a notice released Aug. 14. The IAEA requires information on “nuclear-related items” that may be used for “peaceful nuclear purposes” but also can be part of a nuclear weapons program, the notice said. The declarations provide the IAEA with information about “additional aspects of the U.S. commercial nuclear fuel cycle,” including nuclear equipment manufacturing and trade in nuclear-related goods. Comments are due Oct. 16.

European countries need to increase sanctions against Venezuela to force a regime change and limit Nicolas Maduro’s ability to evade U.S. restrictions, said Carrie Filipetti, the State Department’s assistant secretary for the Bureau of Western Hemisphere Affairs. Filipetti also said more U.S.-European cooperation can help limit the Maduro regime’s access to gold supply chains, which it uses for funding.