A newly required annual report to Congress on certain dual-use export license applications could cause exporters to be more cautious about seeking those licenses, a trade lawyer said in an interview.
The Bureau of Industry and Security is removing Chinese affiliates of Samsung and SK hynix from its Validated End-User List, making them ineligible for a general authorization that had allowed them to receive certain controlled technology for their Chinese factories.
The Bureau of Industry and Security is removing Samsung China Semiconductor Co., SK hynix Semiconductor (China) and a third SK hynix-owned semiconductor facility in Dalian from the agency’s Validated End-User List, which will make them ineligible for a general authorization that had allowed them to receive certain U.S.-controlled technology. BIS called the VEU program a “loophole” because it allows certain foreign firms to export chip manufacturing equipment and technology to China without a specific license. The final rule takes effect Dec. 31.
The Bureau of Industry and Security will ease export controls on Syria Sept. 2 by creating a new license exception for the country, making it eligible for a broader set of existing exceptions and revising current BIS license review policies for Syria to “be more favorable.”
The Bureau of Industry and Security is extending its public comment periods for two export-related information collections, the agency said this week.
The Bureau of Industry and Security on Aug. 26 suspended the export privileges of 19 people after they were convicted of export-related offenses, including illegal shipments involving guns, gun parts, ammunition, microdisplays and vehicles. The suspensions took effect from the date of their convictions.
The Bureau of Industry and Security released a final rule Aug. 28 that will ease export controls on Syria by making the country eligible for more license exceptions and revising current BIS license review policies for Syria to “be more favorable.” The rule, effective Sept. 2, will also create a new License Exception Syria Peace and Prosperity, which will authorize exports and reexports to Syria of items designated under the Export Administration Regulations as EAR99.
A new law that will require the Bureau of Industry and Security to provide Congress with annual reports on certain export licensing information could lead to more "scrutiny" over BIS licensing activity, including through congressional hearings, Akin said in a client alert this week. The firm also said it could increase congressional requests to certain exporters or give rise to more legislation "regarding the scope of controls, parties to be added" to the Entity List or the Military End User List, or "requests for revocation of licenses."
The head of the House Select Committee on China urged the Trump administration Aug. 25 to adopt a new framework for restricting computing chip exports to China, saying placing certain technical limits on such sales would be a more effective way to keep Beijing’s AI capabilities in check.
The State Department is finalizing changes from a January rule that will add and remove items on the U.S. Munitions List and clarify the control scope of others. It said some new items should be subject to export controls under the International Traffic in Arms Regulations, while others “no longer warrant inclusion” or will soon be moved to the Commerce Department’s Commerce Control List. The agency will also create a new license exemption for underwater drones and tweak other portions of the January rule, but it declined to make multiple changes requested by exporters.