The Bureau of Industry and Security last week renewed its temporary denial order for a Venezuela-based cargo airline after saying it continues to try to violate U.S. export restrictions (see 2208030014). BIS said Empresa de Transporte Aereocargo del Sur, also known as Aerocargo del Sur Transportation or Emtrasur, has shown a “blatant disregard for U.S. export controls and the terms of a preexisting TDO.”
A former undersecretary of Commerce now at the Center for Strategic and International Studies, Bill Reinsch, said there has been relatively little impact on chip companies and chipmaking equipment companies from export controls on sales to China announced last October (see 2210070049).
Despite requests from industry, the Bureau of Industry and Security may push back on publishing a comprehensive list of advanced Chinese semiconductor fabrication facilities that are subject to the October chip controls, said Kevin Wolf, an Akin Gump lawyer and former BIS official. But the agency could meet industry halfway and publish a list similar to its military end-user list (see 2012220027), which could be a regularly updated, noncomprehensive set of facilities subject to the agency’s China chip controls.
The Bureau of Industry and Security has drafted new guidance for its October rule that expanded certain China-related chip controls (see 2210070049) and hopes to release it soon, said Thea Kendler, the agency’s assistant secretary for export administration. Kendler, speaking during a virtual conference hosted by the Massachusetts Export Center last week, also touched on the rule’s expiring temporary general license and urged industry to submit feedback on the new restrictions before the deadline this week.
The U.S. should double down on its resources, oversight and enforcement to prevent Russia from acquiring semiconductors and other dual-use goods used to power its war against Ukraine, the Silverado Policy Accelerator said in a report this week. If the broad Western export controls against Russia aren’t followed up with strict enforcement, the think tank said, Moscow will continue to find ways to import chips, including from China.
The Bureau of Industry and Security suspended the export privileges of two people for illegally exporting guns and ammunition.
Annual encryption self-classification reports and semi-annual sales reports for certain encryption items are due to the Bureau of Industry and Security by Feb. 1, Thompson Hine said in a reminder to clients last week. The self-classification report covers less sensitive items under the BIS License Exception ENC, and must provide information on encryption commodities, software and components exported during the previous calendar year. For the upcoming semi-annual sales report deadline, BIS requires information on exports that occurred between July 1 and Dec. 31 of the previous year.
The Bureau of Industry and Security is extending the public comment period for an information collection related to “miscellaneous licensing responsibilities and enforcement” (see 2211090013). The collection describes 10 miscellaneous activities associated with exporting controlled goods, including the exchanging of documents among parties in a transaction to “ensure that each party understands its obligations under U.S. law,” BIS said. Other activities involve writing export control statements on shipping documents or reporting “unforeseen changes in shipping and disposition of exported commodities.” The BIS Office of Export Enforcement and CBP need these activities to document export transactions, enforce export regulations and protect U.S. national security, BIS said. The agency is allowing for an additional 30 days of public comments. Comments had been due Jan. 9.
The top Republican on the House Foreign Affairs Committee said the Commerce Department hasn’t yet provided “acceptable responses” to oversight questions about the agency’s technology export controls. In a letter sent last week to Commerce, Rep. Michael McCaul, R-Texas, said the House committee may “use the authorities available to it to enforce these requests as necessary, including through compulsory process.”
U.S. and Japanese officials this week said they are hopeful the two countries will soon align their semiconductor export controls against China, adding to optimism within the Commerce Department that U.S. allies will eventually agree on the chip restrictions. The U.S. and Japan have made “progress” during recent talks, Japanese Ambassador Koji Tomita said, adding that they could reach more concrete results shortly.