The Commerce Department published its fall 2020 regulatory agenda for the Bureau of Industry and Security, including new mentions of rules to amend Hong Kong under the Export Administration Regulations, releases of controlled technologies to standards setting bodies and a range of new technology controls.
The Office of Information and Regulatory Affairs on Dec. 11 began reviewing a final Bureau of Industry and Security rule that will implement more export controls agreed to at the 2019 Wassenaar Arrangement plenary. BIS published the first set of controls from the plenary in October (see 2010020042) but has since experienced rulemaking delays (see 2012080046).
The U.S. announced sanctions on Turkey for buying Russian missile defense systems, saying Dec. 14 the purchases provide “substantial funds” to Russia’s defense sector and harm U.S. national security. The sanctions target Turkey’s Presidency of Defense Industries (SSB) and several SSB officials, including SSB President Ismail Demir, Vice President Faruk Yigit, and air defense officials Serhat Gencoglu and Mustafa Alper Deniz.
The Office of Information and Regulatory Affairs on Dec. 8 completed a review of a final rule from the Bureau of Industry and Security that would clarify the scope of certain export restrictions to reflect decisions made at the June 2019 Australia Group plenary meeting. The rule, received by OIRA Nov. 16, would amend the scope of Export Control Classification Number 1C991, covering vaccines, immunotoxins, medical products, and diagnostic and food testing kits.
The Office of Information and Regulatory Affairs began reviewing a final Bureau of Industry and Security rule concerning Sudan. The rule, received by OIRA Dec. 3, would revise the Export Administration Regulations to reflect the U.S. rescission of Sudan’s designation as a state sponsor of terrorism (see 2011020012).
Doug Hassebrock, the Bureau of Industry and Security's top enforcement official responsible for national security issues, retired last month. Hassebrock served as the deputy assistant secretary for export enforcement and left in early November, BIS official Hillary Hess said during a Dec. 8 Commerce Department technical advisory committee meeting. Kevin Kurland, director of BIS’s Office of Export Analysis, is acting in Hassebrock’s role, Hess said. A BIS spokesperson didn’t comment.
China reportedly has developed a supercomputer that gives it an advantage in quantum computing, an emerging technology category that the U.S. has sought to prevent China from dominating. The computer can perform certain computations 100 trillion times faster than the world’s fastest existing supercomputer, giving China a “quantum computational advantage,” or “quantum supremacy,” Xinhua, China's state-run news agency, reported Dec. 4. Chinese researchers also said the computer can perform certain processes 10 billion times faster than the quantum computer developed by Google. The Bureau of Industry and Security is considering export controls on certain technology related to quantum computers, with those restrictions in their final rule stage as of July (see 2007140027). A BIS spokesperson said the agency continues to “evaluate and identify technologies that warrant control.”
The Bureau of Industry and Security corrected its September revision of the Export Administration Regulations, which implemented export control changes made by the 2018 Wassenaar Arrangement plenary (see 2009100027). The corrections, issued in a notice released Dec. 3, address errors that were “unintentionally introduced” in Export Control Classification Numbers 3A001, 3A002, 3A991, 5A002, 7A005 and 9E003, BIS said. It said the corrections do not change BIS policy or affect licensing requirements.
The Bureau of Industry and Security should apply the “minimal” necessary level of export controls on foundational technologies to prevent impacts on U.S. academic research, universities said in comments to the agency. BIS also should reexamine which technologies it defines as “emerging” because some are already commercially widespread, a British aerospace company said.
As China continues to gain ground in technology competition with the U.S., Congress should pursue more investment and visa restrictions to prevent China from accessing sensitive U.S. technologies, the U.S.-China Economic and Security Review Commission said in a Dec. 1 report. Commissioners said China’s access to U.S. technologies is helping it innovate and export surveillance tools and other advanced technologies globally.