U.S. export controls are blocking Huawei's access to evidence that it needs to prepare for its upcoming trial on racketeering, trade secret theft and other charges (see 2002130045), the Chinese technology company said in a court filing last week.
Recently issued guidelines by the White House’s Office of Science Technology Policy could raise export compliance stakes for universities and research institutions, law firms said, especially for researchers that receive semiconductor-related federal funding under the Chips Act.
A recent federal district court ruling limiting the U.S. anti-smuggling statute to physical goods won't affect export control enforcement efforts on data and other intangible exports sent digitally across borders, lawyers said in interviews. Although the U.S. District Court in Kentucky said a statute barring the unlicensed export of certain merchandise, articles or objects didn't apply to an email with magnet schematics sent to Chinese manufacturers (see 2407290046), lawyers noted that U.S. export control agencies have their own, specific enforcement authorities to regulate those digital transmissions.
Companies should generally lean toward disclosing serious violations to the government -- especially those that involve national security issues -- even if there’s almost no chance the violation will be discovered, lawyers said last week.
The Bureau of Industry and Security promoted Tracy Patts to be the agency’s assistant director of the International Operations Division within the Office of Enforcement Analysis, Patts announced on LinkedIn this week. Patts has been at BIS since 2010 and mostly worked as a senior export policy analyst.
The Bureau of Industry and Security is extending the public comment deadlines for two information collections involving export activities. One involves the government’s Competitive Enhancement Needs Assessment Survey Program, under which the BIS Office of Technology Evaluation surveys businesses to determine which “government competitive enhancement, procurement opportunity and business diversification programs would benefit their competitive position in the marketplace.” The other involves Form BIS-4023P, which companies must submit to participate in the NATO International Competitive Bidding process under the NATO Security Investment Program. Comments were previously requested in March, but the agency is allowing for another 30 days.
A U.S. digital assets company and a European aerospace firm recently disclosed in financial statements that they're under investigation for possible violations of sanctions or export control laws, while an American entertainment company revealed it submitted a sanctions disclosure to the U.S. government.
The Bureau of Industry and Security is extending the public comment period for an information collection relating to offset agreements worth more than $5 million for sales of weapons systems or defense articles to foreign countries or companies (see 2402150023). BIS said it defines offsets as “compensation practices required as a condition of purchase in either government-to-government or commercial sales of defense articles.” The agency is allowing for another 30 days of comments.
The Bureau of Industry and Security is extending the public comment period for an information collection relating to statements required under certain exports by the ultimate consignee and purchaser (see 2403220011). The collection involves Form BIS-711, which provides information on the foreign importer receiving U.S. technology, describes how the technology will be used and “provides assurances” that the technology will not be used in violation of the Export Administration Regulations. BIS is allowing for an additional 30 days of comments.
A new U.S. rule expected this month could expand restrictions on foreign exports of certain chip equipment to China but exclude chipmakers in the Netherlands, Japan and South Korea, Reuters reported July 31.