An investment and research firm expects the Bureau of Industry and Security to issue several proposed rules for export controls related to semiconductors this fall and said BIS is considering other restrictions on certain Chinese technology companies. In a Sept. 17 report, the Cowen Washington Research Group said BIS is “likely” to soon issue several notices of proposed rulemaking to request industry comment on new controls for semiconductor capital equipment, mostly so the U.S. is prepared with new proposals for the next Wassenaar Arrangement cycle.
The Biden administration is likely to increase export controls and sanctions enforcement in the next few years, Gibson Dunn lawyers said during a webinar this week. They also said the administration is likely to pursue enforcement in creative ways, including sometimes through disclosures with the Committee on Foreign Investment in the U.S.
The Bureau of Industry and Security should establish a blanket exemption for U.S. people and companies to participate in standards-setting bodies that have members designated on the Entity List, industry officials said. Although BIS has been working on a final rule (see 2012150037) that would clarify how export restrictions apply to the release of controlled technology at standards-setting organizations, officials from the telecommunications industry and other technology sectors are unsure how the rule’s final language will read and are concerned some of the agency’s restrictions, which they view as unnecessary, may continue.
The Bureau of Industry and Security is seeking comments on an information collection related to the Biden administration's review of risks in the semiconductor supply chain (see 2103110047 and 2107280051), BIS said Sept. 14. BIS is seeking feedback from industry to better “identify data gaps and bottlenecks in the supply chain.” BIS said the Commerce Department’s “overall goal” is to “add transparency on the semiconductor supply and demand mismatch and identify common bottlenecks and chokepoints.” Comments are due within two days of the publication of the notice on the Office of Information and Regulatory Affairs website. See the notice for search terms on the OIRA website.
Alan Estevez, President Joe Biden’s nominee to lead the Commerce Department’s Bureau of Industry and Security (see 2107130004 and 2104070026), will appear before the Senate on Sept. 21 for his nomination hearing, a congressional aide said Sept. 14. Also scheduled that day is Thea Kendler, nominee for assistant secretary of commerce for export administration (see 2107280063), the aide said. The two will testify before the Senate Committee on Banking, Housing and Urban Affairs, which posted notice of the hearing late on Sept. 14.
The Bureau of Industry and Security this week sent a final rule for interagency review that would expand export controls on certain biological equipment software. The rule, received by the Office of Information and Regulatory Affairs Sept. 13, would amend the Commerce Control List by adding a new Export Control Classification Number to control software “for the operation of automated nucleic acid assemblers and synthesizers” that are “capable of designing and building functional genetic elements from digital sequence data.”
The Bureau of Industry and Security revoked the export privileges of a Chilton, Wisconsin, man after he was convicted Dec. 13, 2019, of violating the Arms Export Control Act, the agency said in a September order. Andy Lloyd Huebschmann was convicted of illegally exporting defense articles to Australia, BIS said, including a “Model GA 9mm lower receiver, upper receiver, barrel, trigger control group, bolt carrier, and pistol grip,” all controlled under the U.S. Munitions List. BIS said Huebschmann didn’t have the required State Department export license to ship the items. He was sentenced to two years in prison, one year of supervised release, a $15,000 criminal fine and a $100 “assessment.” BIS revoked Huebschmann’s export privileges for 10 years from the date of conviction.
The Bureau of Industry and Security completed an interagency review Sept. 10 of a rule that would make changes to its Strategic Trade Authorization license exception. The proposed rule, sent to the Office of Information and Regulatory Affairs June 13 (see 2107150004), would clarify the availability and expand restrictions on the availability of license exception STA under the Export Administration Regulations. BIS withdrew a similar rule from consideration last year to allow for more informal talks within the interagency (see 2011130008).
The top Republican on the House Foreign Affairs Committee said the acting head of the Bureau of Industry and Security misrepresented facts in front of a congressional commission last week (see 2109080062), saying he wasn't straightforward about the agency’s “delayed and incomplete” provision of export licensing decisions to Congress. Although BIS Acting Undersecretary Jeremy Pelter told the commission that BIS has complied with all laws regarding the disclosure of licensing information to Congress, Rep. Michael McCaul said the agency hasn’t been transparent.
The Bureau of Industry and Security revoked export privileges for seven people for illegally exporting firearms and other defense goods without licenses, according to enforcement orders released this week.