Officials from the State, Treasury and Commerce departments are meeting with EU officials in Europe this week to discuss sanctions and export control coordination efforts in case Russia invades Ukraine, according to officials from both agencies. The delegation includes several senior officials -- Elizabeth Rosenberg, Treasury’s assistant secretary for terrorist financing, and Thea Kendler, assistant secretary for export administration at the Bureau of Industry and Security, among them -- the officials said, who will discuss various “sanctions options” and export control responses against Russia. The officials will meet with delegations from the U.K., France, Belgium and Germany.
The Bureau of Industry and Security added 33 Chinese entities to its Unverified List this week, including universities and companies operating in China's technology and electronics sectors. BIS hasn’t been able to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports, the agency said in a notice. The UVL additions take effect Feb. 8
The House voted 222-210 last week to pass its China competition bill, which includes a variety of provisions that could expand U.S. export controls, sanctions and investment screening authorities. Although the America Competes Act faced objections from Republicans who argued it wasn’t tough enough on China and didn’t include strong enough export control measures (see 2202020039), several provisions could lead to more China sanctions and further restrict exports of critical American technologies.
The Bureau of Industry and Security will add 33 Chinese entities to its Unverified List this week, including a range of companies operating in China's technology and electronics sectors, it said in a notice released Feb. 7. BIS said it hasn’t been able to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports. All export license exceptions involving those parties will be suspended, and exporters must obtain a statement from any party listed on the UVL before proceeding with certain exports.
Crowell & Moring has seen “mixed results” and some longer response times from the Bureau of Industry and Security for license applications captured by the agency’s military end-use and end-user rule, said Brian McGrath, a trade lawyer with the firm. But overall, McGrath said the agency has been helpful when responding to exporter questions about the rule, which imposed more due-diligence requirements on shipments that could be sent to military end users or used for military end uses in certain countries (see 2102190042).
The Bureau of Industry and Security issued a Feb. 3 final rule to reorganize, make corrections and clarify the scope of its foreign direct product rules. The changes, mentioned in the agency’s fall 2021 regulatory agenda (see 2112210044), help to clarify where and how the FDP rules apply and make some corrections to language in the Export Administration Regulations.
Torres Trade Advisory, a business and trade consulting firm, hired former export enforcement agent Donald Pearce as a senior adviser for its global risk, monitorship and investigations practice, the firm announced Jan. 20. Pearce previously served as a special agent with the Bureau of Industry and Security’s Office of Export Enforcement, where he helped in the prosecutions of “precedent-setting” export control cases and wrote the 2016 amendments to the Wassenaar Arrangement's Best Practices for Export Control Enforcement.
The Bureau of Industry and Security is hoping to expand the number of officers it sends overseas and increase collaboration with other investigative agencies, partly to help with a larger workload and a rise in new export control evasion trends. Agents said BIS has seen a steady increase in work since the enactment of the Export Control Reform Act of 2018, which has been made more complex by the rise in cryptocurrency schemes, increasingly sophisticated uses of front companies and ransomware attacks.
Saber Fakih of the United Kingdom pleaded guilty in the U.S. District Court for the District of Columbia to illegally exporting and attempting to export an industrial microwave system (IMS) and counter-drone system to Iran, the Department of Justice said. Fakih also admitted conspiring with Bader Fakih of Canada; Altaf Faquih from the United Arab Emirates; and Alireza Taghavi of Iran. Fakih's actions violated the International Emergency Economic Powers Act and Iranian Transactions and Sanctions Regulation, DOJ said Jan. 27.
In her first public remarks since joining the Bureau of Industry and Security, Thea Kendler said BIS has been constantly looking for new emerging technologies that should be subject to controls and is close to publishing its first foundational technology rule. Kendler, who was confirmed last month as assistant secretary for export administration, also said she plans to prioritize multilateral export controls that protect American technology from China’s military and wants to work closely with industry so those controls don’t harm U.S. competitiveness.