President Joe Biden has yet to choose a leader for the Bureau of Industry and Security, leaving the agency without a clear direction as it considers competing visions for the direction of American technology policy. The rival factions seeking to influence Biden’s choice underscore how much of an outsized role the once relatively unknown agency will play in implementing the Commerce Department’s efforts to outpace China in emerging technologies and control what lawmakers say is an overdue set of critical technologies.
Officials from the Commerce, Energy and State departments held a virtual event with Malaysian government officials this week to commend Malaysia’s efforts to implement strategic export controls. The event was held to commemorate the 10th anniversary of Malaysia’s Strategic Trade Act, which provides a “strong regulatory framework” for export controls, Jeremy Pelter, acting undersecretary for the Bureau of Industry and Security, said in an April 8 statement. The U.S. agencies said they remain “committed to advancing strategic trade control cooperation now and into the future.”
The Bureau of Industry and Security added Myanmar to its list of countries subject to military intelligence end-use and end-user (MIEU) controls, the agency said in a notice. It also made several technical corrections to the original MIEU rule, which was issued in January and took effect March 16 (see 2101140035). The interim final rule takes effect April 9.
The Bureau of Industry and Security added seven Chinese entities to the Entity List for procuring U.S.-origin items in a way that harms U.S. national security, BIS said in an April 8 final rule. The seven “supercomputing entities” also support China’s military and help it develop modern weapons, the Commerce Department said.
The Bureau of Industry and Security's decision to eliminate certain reporting requirements for encryption items (see 2103260019) should exempt a greater number of companies from filing mandatory declarations with the Committee on Foreign Investment in the U.S., DLA Piper said in an April 6 post.
The Bureau of Industry and Security added seven Chinese “supercomputing” entities to the Entity List for procuring U.S.-origin items in a way that harms U.S. national security and supports China’s military, BIS said in a final rule that takes effect today. The rule imposes a license requirement for all items subject to the Export Administration Regulations, and BIS will impose a license review policy of presumption of denial. No license exceptions will be available.
Lam Research Corp. added a semiconductor industry official and a former Bureau of Industry and Security official to its government affairs team, according to Rich Ashooh, the company's vice president of global government affairs. Lam hired Chantal Lakatos de Alcantara, BIS’s former director of nonproliferation policy, who will serve as its senior director for regulatory affairs, Ashooh said in an April 5 LinkedIn post. The company also hired Taylor Sholler, a former government affairs director with Applied Materials, who will serve as Lam’s senior director for legislative affairs. Ashooh left his senior role at BIS last year (see 2007210016).
The Office of Foreign Assets Control issued guidance April 5 clarifying that it generally won’t pursue sanctions against humanitarian-related transactions or exports to Syria as long as the items wouldn’t normally require an OFAC license. The guidance was issued about a week after the U.S. committed to providing more humanitarian aid to respond to the Syria crisis.
The Commerce Department should be careful not to place unilateral export restrictions on semiconductors and should invest heavily in domestic chip innovation, technology companies told the agency in comments due this week. But at least one think tank urged Commerce to pursue more strict controls and argued that decoupling from China along the semiconductor supply chain is inevitable.
The Bureau of Industry and Security's decision to eliminate reporting requirements for encryption items (see 2103260019) should substantially ease reporting burdens for certain companies, law firms said. Although the changes will affect a narrow set of exports, they’re expected to provide significant relief for companies that ship mass market encryption items or publish source code software online, the firms said.