LONDON -- The Bureau of Industry and Security is increasingly sending out is-informed letters to warn companies that some of their currently unrestricted products need an export license before they can be shipped, said Nancy Fischer, a Pillsbury trade lawyer. Some companies receiving the letters view them as unfair, Fischer said, particularly because BIS doesn’t always send similar letters to their competitors.
The Bureau of Industry and Security dismissed appeals from a Turkish airline and a Russian tour company after both said they were wrongly implicated in a temporary denial order the agency renewed against a separate Russian airline in June.
LONDON -- The Bureau of Industry and Security is noticing a sharp uptick in low-level U.S. microelectronics exports to countries that weren’t involved in semiconductor-related shipments before Russia’s 2022 invasion of Ukraine, said Liz Abraham, senior adviser for international policy at BIS. She said BIS is looking at creative ways to potentially restrict some of those shipments, even though many of them are designated under the Export Administration Regulations as EAR99 -- items that generally don’t require an export license.
The Bureau of Industry and Security last week suspended the export privileges of three people for illegally exporting weapons or ammunition to Mexico and one person for illegally exporting firearms and gun parts to Haiti.
The Bureau of Industry and Security completed a round of interagency review for a final rule that would implement export control changes and updates agreed to during the 2022 Wassenaar Arrangement cycle. The rule was sent for review July 18 (see 2307190015), with the review completed Sept. 29.
Exporters should require their customers to sign written compliance certifications if the shipment involves items that fall under one of nine high-priority Harmonized System codes and the customer is in a country outside of the U.S.-led global export controls coalition, the Bureau of Industry and Security said. Although these customer certifications or end-user statements are not mandated by law, BIS said it’s recommending that companies begin using the certifications if they aren’t already, saying in a new best practices guidance that these statements will help prevent diversion of controlled items to Russia.
Licensing work at sanctions and export control agencies likely will grind to a near halt in the event of a federal government shutdown Oct. 1, though enforcement activities at the Bureau of Industry and Security, Directorate of Defense Trade Controls and Office of Foreign Assets Control will continue -- if previous shutdowns are any guide.
LONDON -- The Bureau of Industry and Security hopes to publish the final version of its Oct. 7 China chip controls in October, said Liz Abraham, senior adviser for international policy at BIS.
The Bureau of Industry and Security again renewed temporary denial orders for three Russian airlines accused of violating U.S. export controls against Russia. BIS first suspended the export privileges of Aeroflot, Azur Air and UTair in April 2022, barring the airlines from participating in transactions with items subject to the Export Administration Regulations (see 2204070010), and renewed their denial orders for 180 days from October (see 2210040008) and again from March (see 2303300013). BIS said all three airlines continue to "act in blatant disregard for U.S. export controls" by continuing to operate aircraft subject to the EAR. The orders include a table of recent flights operated by each airline.
The Bureau of Industry and Security recently completed rounds of interagency reviews for two final rules that could align its controls with multilateral export control bodies. The first, completed Sept. 20, would align its regulations with certain changes made by the multilateral Australia Group. The second, completed Sept. 26, would align the agency's export controls with changes recently made by the multilateral Missile Technology Control Regime. The Australia Group rule (see 2308280013) and the MTCR rule were both sent to the Office of Information and Regulatory Affairs Aug. 25 (see 2308280014).