To enhance U.S. and allied restrictions on dual-use exports, the Biden administration’s FY 2025 budget request, unveiled March 11, would provide $223 million for the Bureau of Industry and Security, up 17%, or $32 million, from the FY 2024 enacted level of $191 million, the Commerce Department said.
President Joe Biden signed into law March 9 an FY 2024 six-bill appropriations package that adds the agriculture secretary to the Committee on Foreign Investment in the U.S. to review agricultural transactions.
The Bureau of Industry and Security is drafting a rule that could harmonize its export controls with some parties subject to the Treasury Department’s financial blocking sanctions. BIS completed a round of interagency review March 7 for the final rule, which would impose export restrictions, including end-user controls, on “certain persons identified” on Treasury’s Specially Designated Nationals and Blocked Persons List.
DOJ officials said they have seen a rise in voluntary self-disclosures in recent months, including for possible violations of export controls and sanctions. They also stressed that the agency is continuing to double down on its enforcement resources, including by hiring more prosecutors and starting a new whistleblower initiative to better incentivize tips about corporate wrongdoing.
A federal grand jury indicted Chinese national Linwei Ding, also known as Leon Ding, for allegedly stealing trade secrets on artificial intelligence technology from Google, DOJ announced March 6. Ding, who was residing in California, purportedly transferred the trade secrets from "Google's network to his personal account while secretly affiliating himself with" Chinese companies in the AI industry.
U.S. sanctions and export control agencies this week warned foreign companies about the risks they may face for poor compliance with U.S. trade rules, saying the government can pursue civil and criminal penalties against businesses for a range of transactions that take place outside U.S. borders. The new “tri-seal compliance note” published by DOJ, the Commerce Department and the Treasury Department includes a list of activities that most commonly place foreign firms at risk, outlines how U.S. export licensing requirements can apply to shipments through third countries, and summarizes recent enforcement actions taken by all three agencies to punish violators.
The Group of 7 should expand membership and use the forum to create a new multilateral export control regime for critical and emerging technologies, which could help replace the outdated Wassenaar Arrangement, said Emily Benson, a trade and technology policy expert. She said G7 nations are open to the idea, although she believes the U.S. hasn’t yet decided on the best path forward.
Sen. Richard Blumenthal, D-Conn., who chairs the Senate Homeland Security and Governmental Affairs Permanent Subcommittee on Investigations, has asked the Commerce Department for several types of information to help his panel better understand how Russia overcame export controls and sanctions to obtain U.S. technology for its military.
U.S. companies that sell defense products or services to foreign countries or entities must report all offsets agreements greater than $5 million to the Bureau of Industry and Security by June 15, the agency said in a notice. Companies also must report information on offsets transactions completed “in performance of existing offsets commitments for which offsets credit” of $250,000 or more “has been claimed from the foreign representative,” the notice said. Commerce is asking for reports of offsets transactions that took place during calendar year 2023.
American chip company Applied Materials has received multiple U.S. government subpoenas in recent months -- including one from the Bureau of Industry and Security -- asking for information about its exports to Chinese customers.