The Bureau of Industry and Security revoked export privileges for three people for illegal firearms exports, according to Oct. 30 orders.
Huawei is suing the Trump administration for not releasing documents more than a year after the Chinese technology company requested them. In the lawsuit, filed Oct. 30, Huawei said its Freedom of Information Act requests have been met with “a remarkable degree of stonewalling” and relate to the U.S. investigation into Huawei CFO Meng Wanzhou, “trade relations” between the U.S. and China and “competition over the development of 5G technology.” Huawei named a range of U.S. agencies in the complaint, including the Bureau of Industry and Security and the Office of Foreign Assets Control.
U.S. export controls on foundational technologies would impede U.S. innovation and do little to reduce national security concerns, the Computer and Communications Industry Association said in a letter to the Bureau of Industry and Security. The group urged BIS to construct a “narrowly tailored” export regime or risk stymieing U.S. leadership in a range of technologies.
The agency responsible for U.S. financial sanctions lost a record number of employees last year, a trend former officials and industry lawyers say has led to longer processing times and an influx of new officials.
The Bureau of Industry and Security revised its license review policy for items controlled for national security reasons and destined for China, Venezuela and Russia (see 2010230007), the agency said in a final rule released Oct. 28. The rule, which takes effect Oct. 29, said BIS and other “reviewing agencies” will determine whether those exports will make a “material contribution” to the weapons systems of the countries before approving the shipments.
The Bureau of Industry and Security revoked export privileges for two Orlando, Florida, residents after they illegally exported firearms and ammunition from the U.S. to Haiti, BIS said in Oct. 26 orders. BIS said Junior Joel Joseph was convicted April 12, 2019, of violating the Arms Export Control Act and the International Emergency Economic Powers Act when he conspired to export AR-15 rifles, Glock semi-automatic pistols, shotguns and ammunition to Haiti without the required licenses. He was sentenced to 16 months in prison, with three years of supervised release and a $500 fine. Jimy Joseph was convicted May 22, 2019, of conspiring to illegally export AR-15 rifles, Glock semi-automatic pistols and ammunition and was sentenced to 16 months in prison, three years of supervised release and a $200 fine. BIS revoked each man's export privileges for seven years from the date of his conviction.
The Office of Information and Regulatory Affairs completed a review Oct. 22 of a Bureau of Industry and Security final rule related to its “national security license application review policy” for China, Russia and Venezuela. OIRA received the rule Sept. 17 (see 2009180012).
The Bureau of Industry and Security is allowing exporters to request a six-month extension for their export licenses, due to the COVID-19 pandemic, BIS said in an Oct. 17 notice. Licenses are eligible for the extension if they expire on or before Dec. 31, BIS said, adding that extensions will be granted in “most cases.” Exporters can apply for the extension by emailing LicenseExtensionRequest@bis.doc.gov and can expect to hear back from BIS within two to three business days.
The White House released a national strategy for critical and emerging technologies that it said will better synchronize agency efforts amid technology competition with China. The strategy builds on export control efforts carried out by the Commerce Department, a senior administration official said, and will allow government offices to better align their strategies as the U.S. restricts Chinese access to sensitive U.S. technologies.
The Census Bureau issued a guidance on Oct. 8 on the mandatory filing requirements outlined in the Bureau of Industry and Security's April rule on military-related exports (see 2006250026). Census said it received a “number” of questions on the rule, which increased due diligence requirements for certain exports to China, Russia and Venezuela and requires certain Electronic Export Information filings for some exports captured under the rule (see 2004270027).