The Bureau of Industry and Security clarified rules surrounding two deemed export scenarios in a new advisory opinion issued in June and released publicly this week. The opinion said U.S.-based subsidiaries are allowed to release certain controlled technologies to their foreign parent companies’ employees -- when they are on temporary assignment in the U.S. -- if the American subsidiary already has an export license to ship the item to its parent company. BIS also said the U.S. subsidiary can use its export license to ship covered items to its parent company if the items were developed by employees on temporary assignment in the U.S.
Compliance departments need to be increasingly “creative” to catch goods or transactions that may be tied to Russian sanctions evasion, an industry official and former Treasury Department official said this week, especially as the U.S. and its allies ramp up enforcement. They also said compliance is growing more complex, particularly for financial institutions, which must meet expanding government expectations outlined in joint alerts recently published by the Commerce and Treasury departments.
The Bureau of Industry and Security last week revoked export privileges of one person for illegally exporting diving technology equipment from the U.S. and four people for illegally exporting firearms and ammunition.
The Bureau of Industry and Security last week expanded the scope of its nuclear-related export controls on China and Macau, saying the change was necessary to impose tighter license requirements on items that could “contribute to nuclear activities of concern.” The Nuclear Regulatory Commission also suspended a general license that had authorized exports of certain nuclear items for nuclear end uses in China.
The Bureau of Industry and Security is seeking public comments on an information collection related to declaration forms submitted to the International Atomic Energy Agency. The forms provide the IAEA with information on commercial nuclear and nuclear-related items, materials and activities, including imports and exports. Comments are due Oct. 10.
The Bureau of Industry and Security concluded a round of interagency review for a final rule that could expand nuclear nonproliferation export controls on China and Macau. BIS sent the rule for review July 24 (see 2307260008), and the Office of Information and Regulatory Affairs said it was sent back Aug. 7 with some changes.
The Bureau of Industry and Security chose not to penalize U.S. hardware supplier MaxLinear after it voluntarily disclosed potential export control violations, the company said in a recent SEC filing. MaxLinear said it received a warning letter from BIS June 8 and was informed by BIS that the agency “closed out its review of our voluntary self-disclosure without monetary or other penalties.” MaxLinear disclosed the potential violation last year when it said it may have breached U.S. export licensing requirements by selling to a Chinese foundry on the Entity List (see 2211070014 and 2305020008).
The Bureau of Industry and Security extended by 30 days the public comment period for an information collection involving its five-year records retention requirement for export transactions and boycott requests. Companies must keep records related to exports and boycott actions for that time frame to “preserve potential evidence for investigations.” Comments had been due June 5 (see 2304040013).
The top lawmakers on the House Select Committee on China urged the Commerce Department to strengthen its Oct. 7 China chip controls, saying Chinese firms have “identified workarounds.” In a letter last week to Commerce Secretary Gina Raimondo, Reps. Mike Gallagher, R-Wis., and Raja Krishnamoorthi, D-Ill., said the interim final rule’s threshold for the “bidirectional transfer rate of 600 Gbyte/s should be lowered sufficiently to prevent clever engineering that bypasses the regulations.” They also said the rule, which will be updated in the coming months when finalized by the Bureau of Industry and Security (see 2307260071), should address Chinese firms using cloud computing services to “outsource their advanced computing needs” and evade the export controls (see 2303210037 and 2305160092).
The most recent tri-seal compliance note from the Commerce, Treasury and Justice departments is another sign that the U.S. is increasing its focus on export and sanctions enforcement and of the government’s effort to push companies to voluntarily disclose potential violations, law firms said last week. The firms urged businesses to review each agency's disclosure policy, saying the note could mean increased risks for companies that choose not to disclose.