Matthew Axelrod, President Joe Biden’s nominee to oversee export enforcement work at the Bureau of Industry and Security, was confirmed by the Senate Dec. 18. Axelrod will become the first Senate-confirmed assistant secretary for export enforcement in more than five years. He recently told Congress he wants to raise the profile of U.S. export enforcement through more deterrence efforts and large penalties (see 2110080045).
Jorge Orencel, owner and operator of Maryland-based export business Sumtech, pleaded guilty on Dec. 17 to attempting to smuggle goods out of the U.S. without the required export license, the U.S. Attorney's Office for the District of Maryland said. Sumtech, under Orencel's leadership. specialized in distributing "high technology laboratory devices," across the globe, but in particular to South America, Asia and the Middle East. Orencel was busted for shipping ionization chambers to Hong Kong, while telling the company he bought the chambers from that he intended to ship the goods to Argentina. Orencel also intentionally undervalued the chambers themselves, the U.S. Attorney's Office said.
The Commerce Department should immediately expand an exemption to allow U.S. companies to participate in standards-setting bodies that have members designated on the Entity List, industry representatives said. U.S. firms said they have been forced to avoid the bodies because they fear running afoul of U.S. export laws, a practice that could result in the U.S. losing important influence over the future of emerging technology standards.
The Office of Foreign Assets Control added eight Chinese technology firms to its investment blacklist, including drone maker DJI, for helping the Chinese government track and detain Muslim minorities in Xinjiang. The move, announced Dec. 16, also banned investments in Cloudwalk Technology Co., Dawning Information Industry Co., Leon Technology Company, Megvii Technology, Netposa Technologies, Xiamen Meiya Pico Information Co. and Yitu, all of which are already on the Commerce Department’s Entity List.
The Bureau of Industry and Security added 37 entities to the Entity List, including 34 Chinese research institutes and technology companies, for supporting China’s military modernization efforts or Iran’s weapons program. Other entities added to the list, located in Georgia, Malaysia and Turkey, supplied U.S.-origin items to Iranian defense industries, BIS said.
Thea Kendler, President Joe Biden’s nominee for assistant secretary for export administration at the Bureau of Industry and Security, was confirmed by the Senate Dec. 14. Kendler previously worked on the U.S.'s criminal case against Huawei as an export control prosecutor and told lawmakers in September she will look to aggressively stop technology exports that may be used for human rights violations (see 2109210058).
The Bureau of Industry and Security is working on a proposed rule that would create a formal license amendment process, which could allow applicants to revise certain license information rather than start over with a replacement application, said Tim Mooney, an official in BIS’s regulatory policy division. BIS drafted a version of the proposed rule toward the end of the Obama administration, Mooney said, but the idea was nixed after some interagency disagreements about the rule’s scope.
The Bureau of Industry and Security will add 37 entities to the Entity List this week for supporting China’s military modernization efforts or Iran’s weapons program and defense industries. The entities, located in China, Georgia, Malaysia and Turkey, will be subject to a license review policy of presumption of denial for all items subject to the Export Administration Regulations. No license exceptions will be available for the entities, BIS also added three additional aliases under Huawei’s Entity List entry. The additions take effect Dec. 17.
The Bureau of Industry and Security is still reviewing export controls on facial recognition software, surveillance-related products and other goods controlled for crime-control reasons after requesting feedback on the potential restrictions in July 2020, said Hillary Hess, BIS’s regulatory policy director. Although no new restrictions have been announced, Hess said new controls for items described in the rule, including crime-control goods that may be used for human rights abuses, are still being considered. “We have been looking at that,” Hess said during a Dec. 14 Regulations and Procedures Technical Advisory Committee meeting. “It’s definitely on our plate.” In the 2020 rule, BIS solicited feedback on possibly imposing new licensing requirements for biometric systems for surveillance, non-lethal visual disruption lasers, long-range acoustic devices and other surveillance-related technologies and goods (see 2007160021). In comments, several technology companies warned BIS against imposing overly broad, unilateral export restrictions that could hurt U.S. competitiveness, while a human rights advocacy group and a U.S. lawmaker called for new export restrictions and suggested existing controls should be strengthened (see 2010090044).
Although the Bureau of Industry and Security’s new cybersecurity controls are an improvement over the restrictions proposed in 2015, the agency should still take several steps to ensure they don’t impede U.S. technology companies and inhibit information sharing in the cybersecurity sector, industry said this month. But at least one commenter said BIS should strengthen the controls by restricting a broader set of technologies and require more due diligence steps for exporters.