The Bureau of Industry and Security is seeking feedback for its annual conference next year to determine whether to hold it virtually, in person or as a hybrid of the two, and whether participants would be willing to pay a higher fee. The agency said it “strives to keep its conference and seminar fees as low as possible” but expects an increase in 2022. Completed voluntary questionnaires are due by Oct. 19.

The Bureau of Industry and Security fined a U.S.-based telecommunications company $1.87 million for illegally exporting goods to Vietnam, BIS said in an Oct. 12 order. California-based VTA Telecom, a subsidiary of a Vietnamese state-owned telecom company, included false statements in its export applications to hide the true end-uses for the exports, BIS said.

P. Lee Smith, former acting assistant secretary for export enforcement at the Commerce Department's Bureau of Industry and Security, has joined Baker Donelson as of counsel and will lead the firm's Washington, D.C.-based International Trade and National Security practice, it announced.

The Bureau of Industry and Security should work to raise export enforcement awareness and prioritize deterrence through large penalties, said Matthew Axelrod, President Joe Biden’s nominee to oversee BIS enforcement work. Speaking during his nomination hearing last week, Axelrod highlighted BIS’s yearslong lack of Senate-confirmed leadership in the Office of Export Enforcement and said his background as a federal prosecutor makes him the right fit for the role.

The Bureau of Industry and Security is considering requesting public comments on new export controls for certain brain-computer interface (BCI) technology. The agency sent the pre-rule for interagency review Oct. 5 and said it hopes to determine whether BCI represents an emerging technology important to U.S. national security and whether “effective controls can be implemented.”

The Senate Banking Committee this week approved the nominations for two senior Bureau of Industry and Security officials but reached a tie vote on two other nominees slated to oversee the Treasury Department’s sanctions work.

The export control jurisdiction for exports of deuterium for non-nuclear end-uses will transfer from the Nuclear Regulatory Commission to the Bureau of Industry and Security, BIS said in notice. While those exports will be controlled under the Export Administration Regulations, BIS stressed that deuterium exports intended for nuclear end-uses will still be subject to the NRC’s export licensing jurisdiction. BIS has been considering the change, which will take effect Dec. 6, since at least June (see 2109240011).

The Bureau of Industry and Security made a range of “corrections and clarifications” to the Export Administration Regulations to fix inadvertent errors in 11 parts of the EAR, the agency said in a notice. The changes, effective Oct. 5, aim to “provide clarity and facilitate understanding of the regulations” but don’t “change the substance of the EAR,” BIS said. The agency said it made “minor” changes” to EAR parts 732, 734, 736, 738, 740, 744, 748, 750, 770, 772 and 774.

The Bureau of Industry and Security will add export controls on certain biological equipment software that may be exploited for biological weapons purposes (see 2109290011), the agency said in an Oct. 5 final rule. The rule, issued in proposed form in November 2020, will align U.S. controls with the multilateral Australia Group by placing restrictions on exports of “nucleic acid assembler and synthesizer” software “capable of designing and building functional genetic elements from digital sequence data,” BIS said. The agency said the software will be added to the Commerce Control List as an emerging technology and falls under BIS’s efforts under the Export Control Reform Act (see 2109080062).

While too early to declare a success, the U.S.-European Union Trade and Technology Council has set both sides on a path toward tangible progress on more export controls and investment screening collaboration, experts said. During the inaugural TTC meeting last week, the U.S. and EU agreed to develop “convergent” export controls and share more information to catch malign foreign investments (see 2109290083), which could result in meaningful changes within the next year, the experts said.