The U.S.’s new Russia export controls could lead to a short-term spike in license applications, but volumes will likely taper off later this year as businesses divest from Russia, said Nazak Nikakhtar, a former senior U.S. export control official.

As global trade restrictions against Russia continue to increase, some companies are grappling with whether to fully exit the Russian market or rely on sanctions screening and temporary carve-outs to keep their operations afloat, lawyers and experts said in interviews this month. But the risks for a majority of businesses are quickly becoming too high, especially as sanctions are expected to grow more punishing.

The Bureau of Industry and Security last week added South Korea to the list of countries that have imposed similar export controls against Russia and are excluded from certain license requirements under the U.S.’s two recently issued foreign direct product rules (see 2202240069). BIS added South Korea to the list because it has committed to “implement substantially similar export controls on Russia and Belarus under its domestic laws,” the agency said March 4. The list, found under supplement No. 3 to part 746 of the Export Administration Regulations, already includes more than 25 countries, including Canada, Australia, Japan and many European nations. The addition of South Korea took effect March 4.

China Tech Threat, a consultant-owned organization that advocates for stronger export controls, urged the Senate to speed up the confirmation process for Alan Estevez to lead the Bureau of Industry and Security. The group said Estevez will bring “extensive national security background to the role at a critical time as China’s ambitions to dominate emerging technology markets pose a serious threat to U.S. economic and national security interests.” The vacancy for BIS undersecretary leaves a “glaring hole in our export control regime,” the organization said, noting that it has been more than five years since the agency last had a confirmed undersecretary.

The Biden administration needs more funding to bolster its sanctions and export controls targeting Russia, the White House told Congress this week. The administration specifically asked for more resources for the Bureau of Industry and Security as it enforces dual-use export restrictions and more staff and funding for the Treasury Department for “sanctions targeting.”

The Bureau of Industry and Security announced new export controls on Russia’s oil refinery sector and added 91 entities to the Entity List for supporting Russian security or military sectors. The new restrictions, which took effect March 3, build on an extensive set of U.S. sanctions announced within the last week in response to the invasion of Ukraine, meant to cut Russia off from importing goods that help support and fund its military.

The U.S. announced a host of new sanctions and export controls, including two new additions to the Entity List, to further penalize Russia and Belarus for the invasion of Ukraine. The measures place new restrictions on technology and software exports to Belarus, export controls on shipments of oil and gas extraction equipment to Russia, blocking sanctions on 22 Russian defense entities and a prohibition on Russian cargo planes flying to and from the U.S.

The Senate should move forward with the confirmation of Alan Estevez, who was nominated last summer to lead the Bureau of Industry and Security, said Kevin Wolf, former assistant secretary for export administration, in a LinkedIn post. "BIS is advancing significant national security objectives in novel and complex ways," said Wolf, who is now a lawyer at Akin Gump. "It needs Alan Estevez in as its Under Secretary now. Seriously. Whatever issues are holding up his confirmation need to be set aside today so that he can get to work at BIS." Sen. Bob Menendez, D-N.J., has voiced some reservations over Estevez's stance on gun export controls (see 2201050023 and 2110050029).

U.S. export controls on quantum computing and communication technologies would slow scientific progress and fail to target the most “defense-relevant applications,” the nonprofit Rand Corp. said in a recent report. The think tank said the U.S. should “not impose export controls on quantum computers or quantum communications systems at this time” or risk stifling American quantum innovation.

Jorge Orencel, of Silver Spring, Maryland, was sentenced to six months in federal prison and one year of supervised release for attempting to smuggle goods out of the U.S. without the necessary export license, the U.S. Attorney's Office for the District of Maryland said Feb. 22. Orencel, who pleaded guilty, was also ordered to pay a $5,000 fine for attempting to ship a fission chamber and five ionization chambers to a company in Hong Kong.