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.
The Bureau of Industry and Security shouldn’t renew the one-year authorizations it gave to certain foreign chip companies as part of its Oct. 7 China chip controls unless the agency makes “significant” changes to the restrictions when it finalizes the controls in the coming months, said Derek Scissors, a China policy expert with the American Enterprise Institute. Scissors said extending the licenses beyond their October expiration would “undermine” the Biden administration’s goal of denying China advanced semiconductor technology and unfairly advantage foreign companies over U.S. firms.
The Bureau of Industry and Security this week renewed its temporary denial order for a Venezuela-based cargo airline after saying it continues to try to violate U.S. export restrictions and the terms of the TDO. BIS said Empresa de Transporte Aereocargo del Sur, also known as Aerocargo del Sur Transportation or Emtrasur, has demonstrated "continued disregard" for U.S. export controls.
Sen. Marco Rubio, R-Fla, introduced a bill this week that could lead to new export controls on certain U.S. “genetic technology” destined to China. The Stopping Genetic Monitoring by China Act would add various types of “genetic sampling and testing kits, analytical technology, and software” to the Bureau of Industry and Security’s Commerce Control List, including:
The Bureau of Industry and Security is drafting a final rule to expand its nuclear nonproliferation controls on China and Macau. The agency sent the rule for interagency review July 24.