Increasing export control coordination between the U.S. and its trading partners is likely to result in an uptick in enforcement actions and lead to a range of compliance risks for multinational companies, law firms said this month. While much of the coordination so far has centered around Russia-related restrictions, the firms said they expect the efforts to also result in more export penalties for controls imposed against other countries.
A former senior export control official with the Commerce Department told the House Select Committee on China that he thinks the Entity List is ineffective against China, because countries can change their names, establish partnerships, change locations, and because the Entity List is a "meat cleaver" approach, given that listed parties are subject to very strict licensing requirements.
Republicans on the House Select Committee on China urged U.S. officials this week to cut off a broader range of exports to China, arguing that trade with China is helping to fund Beijing’s efforts to undermine American national security. Committee chair Mike Galagher, R-Wis., specifically asked witnesses from the Commerce, State and Defense Departments to enact a technology export ban on Huawei that the administration has reportedly been considering for the last year (see 2301310009).
The Bureau of Industry and Security sent a final rule for interagency review that would implement export control changes and updates agreed to during the 2022 Wassenaar Arrangement. The rule was sent for review July 18 and would amend the Export Administration Regulations and Commerce Control List.
A State Department official this week denied allegations that the agency has held back sanctions and export controls in an effort to limit damage to the U.S.-China relationship, saying the Biden administration continues to enforce a range of human rights-related trade restrictions against Beijing. But the official also said the administration hasn’t yet imposed mandatory sanctions under the Uyghur Human Rights Policy Act of 2020 and was accused by at least one lawmaker of failing to comply with a congressional subpoena that sought information on sanctions against China.
Joseph Cristofaro left his position as chair of the End-User Review Committee to become the new director of the Bureau of Industry and Security's Sensors and Aviation Division, he announced during a July 18 technical advisory committee meeting. Cristofaro said he started his new role in late May.
The Bureau of Industry and Security this week added four European spyware and surveillance technology companies to the Entity List for their role in “threatening” cyber activities. BIS accused all four of “trafficking in cyber exploits used to gain access to information systems, threatening the privacy and security of individuals and organizations worldwide.”
The Bureau of Industry and Security last week revoked export privileges for two people after they illegally exported firearms and other items from the U.S.
The Biden administration should wait to place new export controls on the semiconductor industry until it adequately assesses the impact of its existing restrictions, the Semiconductor Industry Association said this week. The U.S. chip industry should be able to continue accessing the China market, SIA said, warning that “repeated steps” to “impose overly broad, ambiguous, and at times unilateral restrictions risk diminishing the U.S. semiconductor industry’s competitiveness, disrupting supply chains, causing significant market uncertainty, and prompting continued escalatory retaliation by China.”
The Bureau of Industry and Security added four spyware companies in Greece, Hungary, Ireland and North Macedonia to the Entity List for their role in cyber activities that threaten the “privacy and security of individuals and organizations worldwide.” The additions, outlined in a final rule effective June 18, impose license requirements for all items subject to the Export Administration Regulations. BIS will review license applications under a presumption of denial.