The Commerce Department Bureau of Industry and Security will send an information collection proposal to the Office of Management and Budget relating to reports of requests for restrictive trade practices or boycotts, according to a notice published in the Federal Register. The information is used to monitor requests for participating in foreign boycotts. Comments are due to the Office of Information and Regulatory Affairs at OIRA_Submission@omb.eop.gov by March 26.
The Commerce Department Bureau of Industry and Security will send an information collection proposal to the Office of Management and Budget relating to foreign availability procedures, according to a notice published in the Federal Register. The information collection is used by Congress and industry to make foreign availability determinations under the Export Administration Regulations. Comments are due to the Office of Information and Regulatory Affairs at OIRA_Submission@omb.eop.gov by March 26.
The Commerce Department plans to hold the first meeting of its Emerging Technology Technical Advisory Committee this spring amid several delays in issuing prospective members their security clearances. A Bureau of Industry and Security spokesperson said the agency remains “on target” to hold the meeting before the summer despite Commerce officials originally scheduling the meeting for December, and then January, before pushing it back each time (see 2001290032).
The Commerce Department is “nowhere near” publishing an export control rule on foundational technologies and is likely not close to releasing its advance notice of proposed rulemaking, Squire Patton Boggs trade lawyer George Grammas said. Commerce management has had a draft of the ANPRM since at least mid-2019, Grammas said. “It doesn't seem to be going anywhere fast,” he said, speaking during a Feb. 20 webinar hosted by Content Enablers. “We don’t seem to be anywhere near seeing a rule on foundational technologies in the near term.”
The Bureau of Industry and Security revised the country groups for Russia and Yemen under the Export Administration Regulations (see 2001090040), BIS said in a notice. The changes increase license restrictions for both countries and are part of a larger effort within BIS that involves a “comprehensive review” of all country groups to better align with the administration's foreign policy concerns. All shipments now requiring a license as a result of this rule that were on dock for loading or aboard a carrier to a port as of Feb. 24 may proceed to their destinations under the previous eligibility, BIS said. Shipments that have not been exported, re-exported or transferred by March 25 will require a license.
Discussions within the Commerce Department to expand U.S. export control jurisdiction over foreign exports to Huawei and beyond would have a chilling effect on the U.S. semiconductor industry, said John Neuffer, president of the Semiconductor Industry Association. Neuffer said current U.S. export restrictions on Huawei are already hurting the industry’s ability to sell to China -- which represents about 35% of U.S. semiconductor sales -- and more restrictions would further alienate Chinese customers who are weary of being added to Commerce’s Entity List. “Some of them are afraid they’re next,” Neuffer said during a Feb. 18 panel hosted by the Information Technology and Innovation Foundation.
The Commerce Department Bureau of Industry and Security asked for an 8% boost in funding for the 2021 fiscal year to increase export control compliance and enforcement, bolster initiatives to counter China, and to better identify emerging and foundational technologies. BIS’s request for a $10 million budget increase, submitted to Congress last week, comes as the agency plans to roll out a series of export controls on sensitive technologies (see 1912160032), which will increase its involvement in the Trump administration's effort to sustain the U.S.'s technological advantage over China. BIS specifically asked for just over $1 million and five new positions to help it control emerging and foundational technologies and enforce those controls.
The Commerce Department Bureau of Industry and Security is seeking comments on the impact of the Chemical Weapons Convention on “commercial activities” during 2019, BIS said in a notice. BIS said it is soliciting comments to help it prepare for its annual certification to Congress about whether “legitimate commercial activities” of chemical, biotechnology and pharmaceutical firms are banned by the CWC. Comments are due March 16.
As the final regulations for the Foreign Investment Risk Review Modernization Act take effect this week, FIRRMA’s definition for critical technologies remains unclear due to a lack of proposed rules by the Commerce Department on emerging and foundational technologies, trade lawyers said.
Customs duties are estimated at $72 billion in the current fiscal year, and the White House projects that number will climb to $92 billion in the fiscal year that begins Oct. 1. It projects that duties then will fall to $54 billion the following year.