Companies and trade groups are concerned about the consequences of the Commerce Department’s efforts to restrict sales of emerging technologies and are growing impatient with a delay that has stretched several months, stakeholders said in interviews. Nearly a year after Commerce issued advance notice that they planned to review the technologies, some companies are confused about the delay and fear the controls won’t be fully coordinated with U.S. allies, causing their customers to simply seek foreign sellers.
The Commerce Department plans to release proposed export controls on emerging technologies within the “next few weeks” and an advance notice of proposed rulemaking on foundational technologies before the end of the year, a top Commerce official said. Matt Borman, the Commerce deputy assistant secretary for export administration, suggested Commerce has been eager to release both controls to ease concerns from U.S. trade groups and companies, which have warned the agency against overly broad, unilateral controls.
A Chinese national was sentenced to 40 months in prison after trying to export military and space-related technology to China without proper licenses, violating the International Emergency Economic Powers Act, the Justice Department said in an Oct. 18 press release.
The Commerce Department's Bureau of Industry and Security is amending the Export Administration Regulations to further restrict exports and re-exports to Cuba, BIS said in a notice. The amendments change BIS licensing policies and exceptions for certain aircrafts and vessels, establish a 10 percent de minimis level for Cuba, make the Cuban government ineligible for certain donations and clarify the scope of unlicensed telecommunication items the Cuban government can receive. The Office of Information and Regulatory Affairs recently said it completed its review of the rule (see 1910150041)
Although Trump administration officials have expressed willingness to mediate the Japan-South Korea trade dispute, trade experts suggested the administration -- and members of Congress -- are not currently focused on intervening.
Jaguar Imports of Orlando, Florida, will pay a $98,000 civil penalty to the Commerce Department's Bureau of Industry and Security as part a settlement with the agency over unlicensed exports to Colombia, Mexico and Canada, BIS said in an Oct. 9 notice. The company is said to have illegally exported pepper spray, stun guns, handcuffs and police batons to the countries between 2015 and 2017, BIS said. The items were classified on the Commerce Control List and valued at about $35,355, the agency said. As part of the settlements Jaguar Imports "shall not take any action or make or permit to be made any public statement, directly or indirectly, denying the allegations." If the company fails to comply with the agreement, Jaguar Imports may see its export privileges denied, the agency said. The BIS order is effective Oct. 9, it said.
The Commerce Department's Bureau of Industry and Security added 28 entities to its Entity List for their involvement in human rights violations of China’s Uighur population, BIS said Oct. 7. The entities include Xinjiang Uighur Autonomous Region People’s Government Public Security Bureau, 18 of its subsidiaries and eight China-based technology and science companies, including Hikvision, a major supplier of video surveillance products. The announcement takes effect Oct. 9.
A U.S. website infrastructure company said it may have violated U.S. sanctions and export reporting requirements, according to its regulatory filing with the Securities and Exchange Commission. Cloudflare, based in California, told the SEC it voluntarily disclosed possible export and sanctions violations to the Bureau of Industry and Security and the Office of Foreign Assets Control this year. The violations included submitting “incorrect information” about hardware exports to Commerce and receiving payments from people and entities on OFAC’s Specially Designated Nationals List.
The Commerce Department Bureau of Industry and Security issued two sets of Frequently Asked Questions involving Huawei and the extension of its temporary general license, including information on what changes came with the extended license, which transactions are covered and more. But the agency did not say whether it planned to again renew the temporary general license when it expires Nov. 18. “Any decision to renew the Temporary General License will be made at the sole discretion of the U.S. Government,” BIS said.
The Commerce Department is aiming to publish its advance notice of proposed rulemaking for foundational technologies before the end of September, said Rich Ashooh, the assistant secretary for export administration. “That’s kind of the goal,” Ashooh said, speaking during a Sept. 5 Materials Technical Advisory Committee meeting. “It’s really important for us to get there.”