Forwarders should think carefully before they file an export license application on behalf of a customer, a service that could make the forwarder liable in case of an export violation, said Tirrell McKnight, an official with the Bureau of Industry and Security's western regional office. McKnight suggested export application services should only be offered by forwarders who are confident in their export compliance, know their customers well and “want to take on that liability.”
A new executive order on artificial intelligence signed by President Joe Biden this week doesn’t explicitly mention export controls or other trade restrictions, but it does outline the administration's goal of working with other countries to protect against dangerous uses of AI and maintaining U.S. leadership in the technology. The Commerce Department also said the Bureau of Industry and Security, as well as other agency offices, will "be responsible for carrying out a significant portion of the EO’s objectives."
The Bureau of Industry and Security recently published a set of frequently asked questions to provide guidance for exports to Israel. BIS said it’s able to expedite certain Israel-related export applications in light of the ongoing war in the region. It said the Palestinian territories of Gaza and the West Bank aren't recognized as separate destinations from Israel under the Export Administration Regulations, so items that require a license for Israel also need a license for those Palestinian territories.
A Commerce Department decision last week to suspend new export licenses for certain firearms, parts and ammunition caught the industry by surprise and has caused confusion about what types of shipments will be impacted. The announcement came after an uptick in license processing times in recent months, an industry lawyer said, and could lead to a surge in purchases of U.S. firearms by foreign customers that fear the suspension could be a harbinger of permanent change.
U.S. agencies are prioritizing Israel-related exports and military sales as that country seeks more defense and dual-use equipment in the ongoing war in the region.
The State and Commerce departments are frequently seeing illegal exports of controlled items, including technical data, by companies that aren’t classifying their products correctly and may not realize they need a license.
The Bureau of Industry and Security on Oct. 27 announced an immediate 90-day suspension of new export licenses for certain firearms, components and ammunition while it reviews its firearms policies to determine whether any permanent changes are “warranted.” During the next 90 days, the agency said it will not issue any new licenses for those exports to non-government end users worldwide, apart from Ukraine, Israel or a nation listed in Country Group A:1.
The Bureau of Industry and Security on Oct. 27 announced an immediate 90-day suspension of new export licenses for certain firearms, components and ammunition while it reviews its firearms policies to determine whether any permanent changes are “warranted.” During the next 90 days, the agency said it will not issue any new licenses for those exports to non-government end users worldwide, apart from Ukraine, Israel or a nation listed in Country Group A:1.
The Bureau of Industry and Security on Nov. 6 will hold a public briefing on its recently updated export controls on advanced semiconductors and chipmaking equipment (see 2310170055). The briefing, which also will cover the agency’s addition this month of 13 Chinese semiconductor and technology companies to the Entity List (see 2310170063), will be led by Assistant Secretary for Export Administration Thea Kendler, who will “address important aspects” of the new restrictions.
The Bureau of Industry and Security sent a final rule for interagency review that would make corrections to the Export Administration Regulations. The rule, sent to the Office of Information and Regulatory Affairs Oct. 23, would “correct inadvertent errors to two recent” BIS Federal Register notices and would be “merely technical corrections,” the agency said.