The Department of Commerce denied Zimo Sheng’s export privileges after Sheng was convicted of violating the Arms Export Control Act, Commerce said in a March 16 order. Sheng attempted to illegally export to China the “upper assembly” for a Glock 48 pistol, which is listed on the U.S. Munitions List. Sheng was convicted Dec. 13, 2018, and sentenced to 40 months in prison and a $200 fine. After the sentencing, Commerce said Sheng left the U.S. and his “current whereabouts are unknown” to the Bureau of Industry and Security. Commerce revoked Sheng’s export privileges for 10 years from his date of conviction.
The Commerce Department Bureau of Industry and Security added 24 entities to its Entity List and revised five existing entries, the agency said in a notice. The new entries include companies in China, Iran, Pakistan, Russia and the United Arab Emirates; and the revised entries are for entities in France, Iran, Lebanon, Singapore and the United Kingdom. The changes take effect March 16. All shipments now requiring a license as a result of this rule that were on dock for loading or aboard a carrier to a port as of that date may proceed to their destinations under the previous eligibility, BIS said.
A top Commerce Department official tempered fears that the U.S. wants to stifle industry competitiveness (see 2003100044 and 2002180060) as it considers further restricting exports to Huawei and China, saying that is not the administration's goal. “Why would you restrict a U.S. company if you're only going to be enabling their competitor?” said Rich Ashooh, Commerce’s assistant secretary for export administration. “That’s a very important principle to engage in.”
The Commerce Department Bureau of Industry and Security canceled its annual export control conference set to be held in Los Angeles in April due to coronavirus concerns, BIS said March 12. BIS said it made the decision “out of an abundance of caution.” The Export Control Forum, which was scheduled for April 1-2, will instead be offered as a “remote access program in the near future” and will provide some of the information officials “intended to present” at the conference, the agency said. BIS has not yet determined the date of that program. BIS also said the event’s co-sponsor, the District Export Council of Southern California, will return registration fees.
The Bureau of Industry and Security added 24 entities to its Entity List and revised five existing entries, the agency said in a notice. The new entries include companies in China, Iran, Pakistan, Russia and the United Arab Emirates, the notice said, and revised entries for entities in France, Iran, Lebanon, Singapore and the United Kingdom. The new entries include China-based Wuhan IRCEN Technology, as well as several other companies in Iran and Pakistan that BIS said threaten U.S. national security. The changes take effect March 16, but all shipments now requiring a license as a result of this rule that were on dock for loading or aboard a carrier to a port as of that date may proceed to their destinations under the previous eligibility, BIS said.
The Commerce Department is still considering placing export controls on Gate-All-Around Field Effect Transistor (GAAFET) technology, despite withdrawing the rule from the Office of Management and Budget last month (see 2002130033), said Hillary Hess, the Bureau of Industry and Security’s director of regulatory policy. The rule was expected to be one of six controls issued by Commerce early this year (see 1912160032) as part of the agency’s effort to control emerging technologies.
Officials from the Commerce Department's Census Bureau and Bureau of Industry and Security met March 9 to align their long-awaited proposed rules on routed export transactions (see 1907100053), which will feature “intense changes” and be accompanied by a series of training sessions and webinars, said Kiesha Downs, chief of the Census Bureau Foreign Trade Division’s regulations branch. Officials, including BIS Acting Undersecretary Cordell Hull, met to try to “flesh out” some remaining issues before publishing the proposals, which must be issued simultaneously because of the significant overlap within the rule between BIS and Census, Downs said.
Export controls over technology and software used for the 3D printing of firearms will not transition from the State Department to the Commerce Department after a Washington court granted a request to block the Trump administration from completing the transfer. The court, whose March 6 order temporarily blocked portions of a January final rule to transfer the controls, suggested the administration likely violated notice-and-comment standards and pointed to the “grave reality” the transfer might have on the proliferation of 3D printed guns. The decision stemmed from a January request (see 2001240047 and 2002070043) filed by 20 states and Washington, D.C., to urge the court to vacate the final transfer rules, which were scheduled to take effect March 9 (see 2001170030).
If President Donald Trump is not re-elected, the next administration will remain focused on China, export controls and Entity List actions but will likely approach China with a more clear, predictable strategy, two former top Commerce Department officials said. “You would see a more well-defined, carefully thought-through approach to issues like Huawei,” Peter Lichtenbaum, who served as Commerce’s assistant secretary for export administration during the Bush administration, said during a March 6 International Trade Update panel at the Georgetown University law school. “Not because it's a Democratic [administration], but because it's a more regular-order administration and less policy made by tweet.”
The Commerce Department will hold the first meeting of its Emerging Technology Technical Advisory Committee May 19, the agency said in a notice in the Federal Register. The committee will focus on identifying emerging technologies with dual uses for potential control by the Bureau of Industry and Security, which is working on restricting exports of both emerging and foundational technologies (see 2002040057). The first meeting is expected to feature remarks from BIS management. The meeting was originally scheduled for December and January before being delayed both times due to issues getting members their security clearances (see 2002240033).