Members of the Bureau of Industry and Security's Materials and Equipment Technical Advisory Committee were asked during their April 3 meeting to sign or re-sign non-disclosure agreements as Trump administration officials review how the TACs operate.

The Bureau of Industry needs better resources and technology, and the semiconductor industry needs better tracking tools, to prevent China from illegally receiving and accessing advanced chip technology, a researcher told a BIS advisory committee this week.

The Bureau of Industry and Security and its technical advisory committees should do more public outreach to make sure companies are aware of important export control updates sometimes buried in Federal Register notices, a BIS committee heard last week. That outreach is especially critical for companies working with industrial chemical processing equipment, a committee member and industry lawyer said, which has commercial uses but is increasingly drawing BIS scrutiny for its military capabilities, including in chemical weapons.

A trade group is urging the Bureau of Industry and Security to revise its export controls surrounding encryption and mass-market goods, saying some of those less-sensitive items should no longer be subject to strict license requirements. The group also asked BIS to eliminate some encryption-related reporting requirements that burden compliance professionals and said the agency should devote more resources to its licensing division, which will help speed up decisions on applications and classification requests.

The semiconductor industry is pushing the Biden administration for more transparency surrounding its future plans for export controls on chips and chip tools, saying the uncertainty is causing more foreign customers to avoid using advanced U.S.-origin technology. The industry also warned that China has seen a sharp uptick in domestic orders for chips and chipmaking equipment following the most recent U.S. controls, potentially jeopardizing sales to the American semiconductor industry’s largest market.

The Bureau of Industry and Security is working “day-in and day-out” on a final rule that will make tweaks to its China-related chip export controls released in October (see 2210070049), said BIS Senior Export Policy Analyst Sharron Cook. But a public release of the rule isn’t imminent -- the agency hasn’t yet sent the changes to be reviewed by other agencies, said Hillary Hess, regulatory policy director at BIS.

The Bureau of Industry and Security will soon request feedback from industry, academia and others on key differences in U.S. and EU interpretations of export control provisions, said Charles Wall, BIS’ senior policy adviser for the U.S.-EU Trade and Technology Council. Wall, speaking during a BIS technical advisory committee meeting this week, said the notice will ask for “very specific information” on discrepancies between the two territories' export control regimes and ways those rules can be harmonized.

The Bureau of Industry and Security isn’t preparing any “imminent” emerging technology export controls on artificial intelligence items, Hillary Hess, the agency’s regulatory policy director, said during a technical advisory committee meeting this week. She also denied an industry rumor the U.S. is preparing to issue a set of sweeping, advanced AI controls, similar to the semiconductor restrictions against China that were released in October.

The Bureau of Industry and Security should have given its technical advisory committees more time to review its new chip controls before they were published in October (see 2210070049), which would have helped BIS mitigate unintended consequences for a dense and complex set of restrictions, a chip industry official and an advisory committee member said this week. The semiconductor industry also wished BIS had first proposed some of the restrictions for public comment before making them final, the official said, or delayed the effective date to give companies more time to decipher the rules, especially surrounding the new U.S.-persons restrictions.

A technical advisory committee may ask the Bureau of Industry and Security to allow quarterly filings in the Automated Export System for certain exports to China, Russia and Venezuela. The change could make certain AES filings more efficient, members of the Transportation and Related Equipment Technical Advisory committee said during a Sept. 21 meeting.