Republican lawmakers again threatened to remove export control responsibilities from the Commerce Department if it doesn’t move faster to issue restrictions over emerging and foundational technologies, doubling down on criticism levied at agency officials for months. The latest threat, sent in a June 15 letter to Commerce Secretary Gina Raimondo and signed by 10 Republican senators, highlights the tension between an agency that wants to avoid rushing into overbroad controls that could harm U.S. companies and lawmakers who say Commerce is neglecting a congressional mandate to restrict sensitive exports to China.
Paul Marquardt joined Davis Polk as a partner in its Washington, D.C.-based Financial Institutions Group, the firm announced in a June 14 news release. Marquardt previously led the foreign investment and national security practice at Cleary Gottlieb, where he worked with the Treasury Department's Office of Foreign Assets Control and the Commerce Department's Bureau of Industry and Security.
The Bureau of Industry and Security removed a company from the Entity List after receiving a removal request, the agency said in a notice released June 15. BIS removed Satori Corp., listed under the destinations of France and the United Arab Emirates, after the interagency End-User Review Committee received “information” that warranted its removal. The change is effective June 16. Satori was initially added to the Entity list in December (see 2012180039).
Following reports that China is continuing to buy U.S.-made DNA equipment despite U.S. export restrictions, Rep. Michael McCaul, R-Texas, said the Bureau of Industry and Security needs to strengthen its controls.
The Commerce Department published its spring 2021 regulatory agenda for the Bureau of Industry and Security, including two new mentions of emerging technology rules and new export controls on certain camera systems.
The Commerce Department is working with a police agency in rural Texas to help investigate illegally exported goods, an unorthodox relationship that has sparked concern among industry lawyers and led to disputed seizures.
As President Joe Biden searches for a leader for the Bureau of Industry and Security, the agency should prioritize candidates who are familiar with export control regulations and who can effectively manage the agency’s licensing process, two technology experts said. But others said Biden should choose a candidate with strong knowledge of the challenges imposed by China to help lead U.S. technology policy through an era of intense competition.
The Commerce Department is unsure whether the multilateral Wassenaar Arrangement will be able to meet in person this year after the regime’s 2020 plenary was canceled, potentially creating more uncertainty surrounding the group’s next batch of multilateral export control proposals. The agency also still has not made a decision on eliminating electronic export filing requirements for shipments to Puerto Rico, but has made some progress on its long-awaited routed export rule, a Commerce official said.
The Bureau of Industry and Security issued a final rule to reflect the United Arab Emirates formally ending its participation in the Arab League Boycott of Israel. Under the rule, effective June 8, certain “requests for information, action or agreement from the UAE” will not be “presumed to be boycott-related” -- and therefore not restricted or reportable under the Export Administration Regulations -- if they were made before Aug. 16, 2020, BIS said.
A congressional commission said the Commerce Department has “failed” to carry out its export control responsibilities over emerging and foundational technologies, which is hindering the work of other government bodies and allowing some sensitive dual-use technologies to be freely exported from the U.S. The commission said Commerce’s Bureau of Industry and Security, which is in charge of the export control effort, has taken “limited action to strengthen or introduce new controls” since its 2018 congressional mandate and should look to other agencies to help with the process.