A new set of export controls on U.S. persons activities and other transactions could require “dramatic expansions” to some companies’ internal compliance programs, Akin Gump said this month, including additional compliance training, end-user certifications and greater due diligence of suppliers and customers.
Mark Dallas, a Union College professor of political science, Asian studies and technology, has joined the Bureau of Industry and Security on temporary assignment as a senior adviser, he announced last week on LinkedIn. While on leave from his teaching job, Dallas said he will work on China export controls and provide “support” in the agency’s Office of Technology Evaluation on “cutting-edge technology R&D in US, China and Europe.” Dallas, who is also a China fellow with the Wilson Center, also will help with issues involving “emerging commercial technologies.”
U.S. export controls are blocking Huawei's access to evidence that it needs to prepare for its upcoming trial on racketeering, trade secret theft and other charges (see 2002130045), the Chinese technology company said in a court filing last week.
Recently issued guidelines by the White House’s Office of Science Technology Policy could raise export compliance stakes for universities and research institutions, law firms said, especially for researchers that receive semiconductor-related federal funding under the Chips Act.
A recent federal district court ruling limiting the U.S. anti-smuggling statute to physical goods won't affect export control enforcement efforts on data and other intangible exports sent digitally across borders, lawyers said in interviews. Although the U.S. District Court in Kentucky said a statute barring the unlicensed export of certain merchandise, articles or objects didn't apply to an email with magnet schematics sent to Chinese manufacturers (see 2407290046), lawyers noted that U.S. export control agencies have their own, specific enforcement authorities to regulate those digital transmissions.
Companies should generally lean toward disclosing serious violations to the government -- especially those that involve national security issues -- even if there’s almost no chance the violation will be discovered, lawyers said last week.
The Bureau of Industry and Security promoted Tracy Patts to be the agency’s assistant director of the International Operations Division within the Office of Enforcement Analysis, Patts announced on LinkedIn this week. Patts has been at BIS since 2010 and mostly worked as a senior export policy analyst.
The Bureau of Industry and Security is extending the public comment deadlines for two information collections involving export activities. One involves the government’s Competitive Enhancement Needs Assessment Survey Program, under which the BIS Office of Technology Evaluation surveys businesses to determine which “government competitive enhancement, procurement opportunity and business diversification programs would benefit their competitive position in the marketplace.” The other involves Form BIS-4023P, which companies must submit to participate in the NATO International Competitive Bidding process under the NATO Security Investment Program. Comments were previously requested in March, but the agency is allowing for another 30 days.
A U.S. digital assets company and a European aerospace firm recently disclosed in financial statements that they're under investigation for possible violations of sanctions or export control laws, while an American entertainment company revealed it submitted a sanctions disclosure to the U.S. government.
The Bureau of Industry and Security is extending the public comment period for an information collection relating to offset agreements worth more than $5 million for sales of weapons systems or defense articles to foreign countries or companies (see 2402150023). BIS said it defines offsets as “compensation practices required as a condition of purchase in either government-to-government or commercial sales of defense articles.” The agency is allowing for another 30 days of comments.