The Aerospace Industries Association asked the Commerce Department for more time before it sets space-related export control regulations, in order to allow for its member companies to have "open discussions with the government," in comments filed in a Bureau of Industry and Security proposed rulemaking regarding the Commerce Control List for munitions. The trade group said it lacked an "industry consensus" on multiple changes being considered. The comments were solicited by State and Commerce after both requested public comments on a proposal for items listed on the U.S. Munitions List in categories IV and XV: launch vehicles and spacecraft. The proposal is part of a broader effort by the Trump administration to revive the National Space Council and review space-related export controls (see 1904180014). Comments were due April 22
Officials from the State and Commerce departments underscored the importance of open communication and urged industry leaders to submit public comments as the two begin a review of space-related export controls under a Trump administration directive. At the April 17 public meeting at the Department of Commerce, several officials, including Commerce Secretary Wilbur Ross, said they were seeking public comments on an advanced notice of proposed rulemaking for both State and Commerce, specifically surrounding items listed on the U.S. Munitions List regarding categories IV and XV: launch vehicles and spacecraft, respectively. The notices were issued March 8; comments are due April 22.
SAN ANTONIO -- The Commerce Department's Bureau of Industry and Security and the Census Bureau hope to issue their long-awaited proposed regulations on routed export transactions in late spring or early summer, said Sharron Cook, senior policy export analyst at BIS, at the National Customs Brokers & Forwarders Association of America's annual conference April 17. When they come out, Cook thinks, export forwarders will see two of their bigger headaches with the current regulations on track for resolution.
SAN ANTONIO -- CBP is combing through its export processes to streamline, automate and harmonize agency review, exams and penalties across the ports, according to Jim Swanson, director of CBP’s cargo and security controls division. Speaking at the National Customs Brokers & Forwarders Association of America's annual conference April 17, Swanson said CBP has “incrementally moved the ball” on exports in the past year, but is “on the verge” with “a few things we’re working on diligently.”
The Commerce Department's Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to add to the Unverified List 50 entities with addresses in China, Hong Kong, Indonesia, Malaysia and the United Arab Emirates (UAE). Thirty-seven of the 50 additions are located in China. The agency's final rule also removes 10 entities and adds one address for a person currently on the list. The Unverified List includes entities for which the U.S. government failed to complete satisfactory end-use checks, and therefore could not verify the entities' bona fides. Additions to the list are as follows:
The Trump administration is expected to complete a review of the current scope of U.S. export controls on countries subject to arms embargoes, including China, and may make potential regulatory changes by May 10, according to an April 5 blog post from Steptoe & Johnson. The administration’s review stems from a section of the 2018 Export Control Reform Act, which requires a “review relating to countries subject to comprehensive United States arms embargo.” The act specifically requires the Commerce, State and Defense departments, among others, to review export controls on trades with “military end uses and military end users,” according to the post.
The Commerce Department's Bureau of Industry and Security would like to increase its funding by about $4 million for export administration (EA), the agency said in its Fiscal Year 2020 budget justification. That new money would be split between "Identifying and Reviewing Emerging Technologies" and "Addressing Increased Foreign Investment Reviews," it said. BIS is asking for funding for 21 new personnel, the agency said.
The Commerce Department's Bureau of Industry and Security said the Sensors and Instrumentation Technical Advisory Committee (SITAC) scheduled a partially open meeting April 30 in Washington. The public session will include an remarks from BIS management and industry presentations. The open session will be accessible via teleconference to 20 participants on a first-come, first-served basis. To join via teleconference, submit inquiries by April 23 to Yvette Springer at Yvette.Springer@bis.doc.gov. A limited number of seats will also be available for in-person attendance at the public session.
The Commerce Department's Bureau of Industry and Security is looking for candidates for its seven Technical Advisory Committees, the agency said in a notice. "Industry representatives are selected from firms producing a broad range of items currently controlled for national security, nonproliferation, foreign policy, and short supply reasons or that are proposed for such controls," BIS said. "Representation from the private sector is balanced to the extent possible among large and small firms." Six of the TACs advise the Commerce Department on the "technical parameters for export controls and the administration of those controls within specified areas." The other TAC "focuses on the Export Administration Regulations (EAR) and procedures for implementing the EAR." TAC members can serve a term of up to four consecutive years and must obtain secret-level clearances prior to appointment, BIS said. Resumes should be sent to Yvette Springer at Yvette.Springer@bis.doc.gov.
The Commerce Department's Bureau of Industry and Security denied export privileges to Mohan Nirala on March 25, BIS said in a notice. Nirala was convicted in 2017 for violations of the Espionage Act after having unauthorized possession of classified documents, BIS said. The denial of export privileges will last for 10 years from the date of the conviction -- that is, until March 13, 2027, BIS said.