The Bureau of Industry and Security this week finalized its new controls on cybersecurity items, making several changes to the rule’s language and addressing some questions from the public comment period. The changes include revisions to the definition of “government end user” and other actions to “clarify the scope of controls,” BIS said in a final rule effective May 26.
The Bureau of Industry and Security published its official temporary denial order for Russia’s Rossiya Airlines (see 2205200008), detailing various export violations by the airline operator. BIS said it has “heightened concerns of future violations” by Rossiya, including the “refueling, maintenance, repair or the provision of spare parts or services” for its planes.
The U.S. and other techno-democracies should capitalize on their closely coordinated Russia sanctions work to create a new multilateral export control group, said two experts with Georgetown University’s Center for Security and Emerging Technology. A new regime, which would include a range of technology-producing nations that share democratic values, would help those countries address technology proliferation issues that existing regimes can not.
Russia announced new sanctions against U.S. citizens, including two Treasury Department officials and two former Bureau of Industry and Security officials, according to an unofficial translation of a May 21 notice. Russia designated Deputy Treasury Secretary Wally Adeyemo, who has overseen some of the agency’s sanctions work, and Andrea Gacki, the director of the Office of Foreign Assets Control.
The Bureau of Industry and Security on May 20 completed an interagency review of a final rule related to its new export controls over certain cybersecurity items (see 2110200036 and 2201110025). BIS said earlier this year it was planning to make minor revisions to the rule to address some public comments (see 2202100026). The agency sent the rule for interagency review March 8 (see 2203090013).
The Bureau of Industry and Security's upcoming shift in its administrative enforcement policies could signal a more aggressive posture toward cracking down on illegal exports and may change how companies voluntarily disclose violations, a former BIS agent said. But some lawyers say the policies could represent a minor shift, and it may be too early to tell how they will affect compliance decisions.
The Bureau of Industry and Security last week suspended the export privileges of another Russian airline and identified a new plane likely violating U.S. export controls. The agency issued a 180-day temporary denial order for Rossiya Airlines, which blocks Rossiya’s ability to participate in transactions subject to the Export Administration Regulations. The U.K. also sanctioned the airline last week (see 2205190011).
The Bureau of Industry and Security is proposing new unilateral export controls on four dual-use biological toxins that can be weaponized to kill people or animals, “degrade equipment” or damage the environment, the agency said in a rule released May 20. Controls would apply to the marine toxins brevetoxin, gonyautoxin, nodularin and palytoxin, BIS said, all of which can be “exploited for biological weapons purposes.” The agency said it won’t categorize the toxins or their technologies as emerging or foundational technologies, and doesn't plan to continue to differentiate between the two categories going forward.
The Bureau of Industry and Security on May 20 suspended the export privileges of another Russian airline for violating U.S. export controls against Russia. The agency issued a 180-day temporary denial order for Rossiya Airlines, BIS said in an emailed news release, adding that the order “terminates” Rossiya’s ability to participate in transactions subject to the Export Administration Regulations. The agency also identified other aircraft that are likely violating U.S. export controls, including another plane owned by Russian oligarch Roman Abramovich.
The Bureau of Industry and Security sent a final rule for interagency review that would introduce a congressional notification requirement for certain weapons exports. The rule, sent to the Office of Information and Regulatory Affairs May 17, would require notifications for certain semiautomatic firearms exports under the Export Administration Regulations.