The Bureau of Industry and Security is considering revising its voluntary self-disclosure review process to focus on “more serious” disclosures, said Matthew Axelrod, BIS’s top enforcement official. Axelrod, speaking during a June 14 Regulations and Procedures Technical Advisory Committee meeting, said the change could better dedicate the agency’s time to VSDs that warrant more attention.
The Bureau of Industry and Security is seeking public comments on an information collection related to Form BIS–999. The form, a Request for Special Priorities Assistance, is required for enforcement and administration of the Defense Production Act, the Selective Service Act and the Defense Priorities and Allocation System regulation. Contractors use the form to “obtain timely delivery of products, materials, or services from suppliers, or for any other reason under the DPAS, in support of approved national programs,” BIS said. Comments are due Aug. 15.
The Bureau of Industry and Security is seeking public comments on an information collection related to international import certificates. Importers use the certificate to certify to the U.S. government that they won’t reexport the goods “except in accordance with the export control regulations” of the U.S. Comments are due Aug. 12.
The U.S. should create a new multilateral export control regime to counter China’s unfair industrial policies and misuse of sensitive technologies, said Mark Dallas, an associate professor at Union College in New York and a fellow with the Council on Foreign Relations. A new regime would create a “unified, clear and multilateral voice” around export controls and would reduce “commercial tensions” between the U.S. and its allies through better information sharing and enforcement.
The Bureau of Industry and Security last week charged a Montana resident and his two companies with violating U.S. export controls after BIS said he tried to ship controlled items knowing they would be used in Iran. Kenneth Scott and his companies, Scott Communication and Mission Communications, also made false or misleading statements to agents, failed to file Electronic Export Information and didn’t maintain the required export records, BIS said.
The Bureau of Industry and Security is seeking public comments by Aug. 8 on an information collection related to its export control seminars. The collection deals with voluntary surveys submitted to BIS for its seminars, which helps give the agency feedback on how it can improve its “course offerings to meet the needs of the exporting community.”
After receiving criticism this week for its lack of progress in a possible investigation of illegal exports to Huawei, a Bureau of Industry and Security spokesperson said the agency is “committed to fully investigating any allegation” of violations of the foreign direct product rule, including illegal shipments to the Chinese technology giant. The agency has come under criticism for not yet penalizing Seagate Technologies for potentially illegally exporting goods to Huawei (see 2206070011).
The Bureau of Industry and Security June 8 issued a temporary denial order for three U.S. companies for their involvement in illegally exported technical drawings and blueprints to China. BIS said it suspended the export privileges for Quicksilver Manufacturing, Rapid Cut and U.S. Prototype for 180 days after they illegally exported materials used to 3D print satellite, rocket and defense-related prototypes, which are subject to strict export controls because of their “sensitivity and importance to U.S. national security,” BIS said.
The U.S. District Court for the Southern District of New York granted the U.S. a warrant to seize a Boeing 787-8 aircraft and Gulfstream G650ER aircraft owned by sanctioned Russian billionaire Roman Abramovich, DOJ announced June 6. The district court said the airplanes are subject to seizure and forfeiture based on probable cause of violating the Export Control Reform Act and recent Russia sanctions imposed following the country's invasion of Ukraine (see 2206060038).
The Bureau of Industry and Security by now should have penalized Seagate Technologies for illegally exporting goods to Huawei, James Mulvenon, a China technology and military expert, wrote in a June 6 post for the Lawfare blog. Mulvenon said BIS’s “inaction” has emboldened other companies to export similar shipments and is indicative of a larger enforcement issue at BIS surrounding its foreign direct product rule for Huawei.