Discussions within the Commerce Department to expand U.S. export control jurisdiction over foreign exports to Huawei and beyond would have a chilling effect on the U.S. semiconductor industry, said John Neuffer, president of the Semiconductor Industry Association. Neuffer said current U.S. export restrictions on Huawei are already hurting the industry’s ability to sell to China -- which represents about 35% of U.S. semiconductor sales -- and more restrictions would further alienate Chinese customers who are weary of being added to Commerce’s Entity List. “Some of them are afraid they’re next,” Neuffer said during a Feb. 18 panel hosted by the Information Technology and Innovation Foundation.
The Commerce Department Bureau of Industry and Security asked for an 8% boost in funding for the 2021 fiscal year to increase export control compliance and enforcement, bolster initiatives to counter China, and to better identify emerging and foundational technologies. BIS’s request for a $10 million budget increase, submitted to Congress last week, comes as the agency plans to roll out a series of export controls on sensitive technologies (see 1912160032), which will increase its involvement in the Trump administration's effort to sustain the U.S.'s technological advantage over China. BIS specifically asked for just over $1 million and five new positions to help it control emerging and foundational technologies and enforce those controls.
The Commerce Department Bureau of Industry and Security is seeking comments on the impact of the Chemical Weapons Convention on “commercial activities” during 2019, BIS said in a notice. BIS said it is soliciting comments to help it prepare for its annual certification to Congress about whether “legitimate commercial activities” of chemical, biotechnology and pharmaceutical firms are banned by the CWC. Comments are due March 16.
As the final regulations for the Foreign Investment Risk Review Modernization Act take effect this week, FIRRMA’s definition for critical technologies remains unclear due to a lack of proposed rules by the Commerce Department on emerging and foundational technologies, trade lawyers said.
Customs duties are estimated at $72 billion in the current fiscal year, and the White House projects that number will climb to $92 billion in the fiscal year that begins Oct. 1. It projects that duties then will fall to $54 billion the following year.
The Commerce Department is seeking comments on an information collection related to the “Technology Letter of Explanation,” Commerce said in a notice. The letter provides a description of the technology proposed for export to allow the Bureau of Industry and Security technical staff to evaluate the impact on the national security and foreign policy of approving a license. Comments are due April 6.
The Commerce Department still does not have a timeline for releasing its next set of controls on emerging technologies and its advance notice of proposed rulemaking for foundational technologies, despite expectations from top officials that both would be published before 2020, a Bureau of Industry and Security official said. “I would have thought that they would be out earlier,” said Hillary Hess, director of BIS’s regulatory policy division, speaking during a Feb. 4 Sensors and Instrumentation Technical Advisory Committee meeting. “I think everybody would like to see them come out, but I’m not sure how long it’s going to take. I’m having trouble getting a bead on it myself.”
The Treasury’s Office of Foreign Assets Control is becoming progressively worse at addressing specific sanctions questions from industry stakeholders, leaving queries unanswered and causing companies to hesitate before completing transactions, according to Nixon Peabody trade lawyer Alexandra Lopez-Casero. Companies can employ certain strategies to get responses from OFAC, Lopez-Casero said, but OFAC is typically not as responsive and helpful as other agencies, such as the Commerce Department Bureau of Industry and Security.
The Commerce Department again postponed the first meeting of its Emerging Technology Technical Advisory Committee and may not reschedule it until March, a Commerce official said. The meeting, which was originally scheduled for Dec. 4, 2019,was initially postponed to January as the agency faced delays in issuing members their security clearances (see 1911200045). But the problem persisted, according to Anita Zinzuvadia, a licensing officer with the Bureau of Industry and Security, who said Commerce canceled the January meeting.
The Commerce Department Bureau of Industry and Security is seeking comments on a proposal for an information collection that BIS will submit to the Office of Management and Budget, BIS said in a notice. The information collection involves 10 “miscellaneous” activities described in the Export Administration Regulations relating to the exchange of documents among parties in Commerce Department-controlled export transactions. Comments are due Feb. 28.