The Bureau of Industry and Security will add seven entities to the Entity List for nuclear and nonproliferation reasons. The entities are for one company in China, five in Pakistan and one in the United Arab Emirates. The Chinese company will be subject to a license review policy of presumption of denial for all items subject to the Export Administration Regulations, and the other entities will be subject to certain nuclear end-user licensing restrictions. No license exceptions will be available for the entities. BIS will also make some corrections and clarifications to existing entries on the Entity List. The additions take effect upon publication in the Federal Register, scheduled for Feb. 14.
The White House this week released an updated list of critical and emerging technology categories that are important to national security, including a new subset of “novel, advanced technologies” for each category. The updated list, first issued in 2020 as part of a national strategy to better coordinate agency efforts amid technology competition with China (see 2010150038), will help guide “new and existing efforts to promote U.S. technological leadership,” the White House said. The list could intersect with work being done by the Bureau of Industry and Security, which is crafting export controls over various emerging and foundational technologies as part of the Export Control Reform Act (see 2201280045). Similarly, the Committee on Foreign Investment in the U.S. may be more inclined to scrutinize transactions involving sensitive and emerging technologies (see 2112140011).
Although the Commerce and State departments have been able to conduct some export end-use checks during the COVID-19 pandemic, officials said both agencies continue to face challenges scheduling on-site inspections.
Sahar Hafeez has left the Bureau of Industry and Security to begin a new role this week as National Security Council director of international economics. As a senior adviser in the office of the BIS undersecretary, she contributed to the agency’s work on semiconductor supply chain issues (see 2107280051) and other areas.
China objected to the U.S. decision to add 33 Chinese entities to its Unverified List, it said in a Feb. 7 news release. The Bureau of Industry and Security made the additions, which included universities and companies operating in China's technology and electronics sectors, due to its inability to verify the reliability of the entities through end-use checks (see 2202070012). According to an unofficial translation, China's Ministry of Commerce said that the U.S. should immediately correct its perceived wrongdoing and return to mutual beneficial cooperation. MofCom characterized this action, along with the U.S. past export control moves, as tools of "political suppression and economic bullying." A BIS spokesperson dubbed its end-use checks a "core principle" of the agency's export control system.
Officials from the State, Treasury and Commerce departments are meeting with EU officials in Europe this week to discuss sanctions and export control coordination efforts in case Russia invades Ukraine, according to officials from both agencies. The delegation includes several senior officials -- Elizabeth Rosenberg, Treasury’s assistant secretary for terrorist financing, and Thea Kendler, assistant secretary for export administration at the Bureau of Industry and Security, among them -- the officials said, who will discuss various “sanctions options” and export control responses against Russia. The officials will meet with delegations from the U.K., France, Belgium and Germany.
The Bureau of Industry and Security added 33 Chinese entities to its Unverified List this week, including universities and companies operating in China's technology and electronics sectors. BIS hasn’t been able to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports, the agency said in a notice. The UVL additions take effect Feb. 8
The Bureau of Industry and Security will add 33 Chinese entities to its Unverified List this week, including a range of companies operating in China's technology and electronics sectors, it said in a notice released Feb. 7. BIS said it hasn’t been able to verify the “legitimacy and reliability” of the entities through end-use checks, including their ability to responsibly receive controlled U.S. exports. All export license exceptions involving those parties will be suspended, and exporters must obtain a statement from any party listed on the UVL before proceeding with certain exports.
The House voted 222-210 last week to pass its China competition bill, which includes a variety of provisions that could expand U.S. export controls, sanctions and investment screening authorities. Although the America Competes Act faced objections from Republicans who argued it wasn’t tough enough on China and didn’t include strong enough export control measures (see 2202020039), several provisions could lead to more China sanctions and further restrict exports of critical American technologies.
Crowell & Moring has seen “mixed results” and some longer response times from the Bureau of Industry and Security for license applications captured by the agency’s military end-use and end-user rule, said Brian McGrath, a trade lawyer with the firm. But overall, McGrath said the agency has been helpful when responding to exporter questions about the rule, which imposed more due-diligence requirements on shipments that could be sent to military end users or used for military end uses in certain countries (see 2102190042).