The Biden administration is still working through a sweeping review of its arms transfer policies, which is expected to place more of an emphasis on human rights concerns while helping to remove foreign barriers to U.S. defense exporters, said Tim Betts, a senior State Department official. He said the agency is in the middle of an “intensive” interagency process and “wide ranging” discussions with industry and Congress to determine how best to revise its conventional arms transfer policies, which could represent a more cautious approach compared with the previous administration.
The Bureau of Industry and Security added four technology companies in Israel, Russia and Singapore to the Entity List for “acting contrary” to U.S. foreign policy and national security through “malicious cyber activities,” BIS said in a notice released Nov. 3. The companies either operate or supply technologies in the cyberintelligence and information security sectors and 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 controlled exports to the four companies. The additions are effective Nov. 4.
The Bureau of Industry and Security will add four entities in Israel, Russia, and Singapore to the Entity List for "malicious cyber activities" that are contrary to U.S. foreign policy and national security, BIS said in a notice. The two Israeli companies supply malicious spyware to foreign governments, and the companies in Russia and Singapore “traffic in cyber exploits” that threaten the “privacy and security of individuals and organizations worldwide.” BIS will impose a license review policy of presumption of denial for all items subject to the Export Administration Regulations. The Commerce Department said the Entity List additions are part of a government-wide effort to "stem the proliferation of digital tools used for repression." The additions take effect Nov. 4.
The Bureau of Industry and Security on Oct. 28 updated its guidance on the Foreign-Produced Direct Product Rule to further clarify situations when goods are subject to the FDP rule and require a license. The guidance, which includes a set of frequently asked questions (see 2012210044), now includes new FAQ No. 4 under the "supply chain" subheading, which starts on page four and continues onto page five, a BIS spokesperson said.
The Bureau of Industry and Security plans to implement more emerging technology controls during this fiscal year, Karen Nies-Vogel, BIS’s director of the Office of Exporter Services, said, speaking briefly during an Oct. 28 meeting of the Emerging Technology Technical Advisory Committee. Nies-Vogel said the agency has so far issued 38 emerging technology controls and is “looking forward” to implementing more in the coming months and “years to come.”
Although the Bureau of Industry and Security's new export controls on cybersecurity items are intended to restrict only malicious exports, they could place wide-ranging compliance burdens on the entire cybersecurity sector, law firms said. Technology companies and others operating in the sector still have time to convince BIS to narrow the scope of the rule, which takes effect in January but contains several “ambiguities,” firms said.
The U.S.-European Union Trade and Technology Council released the agenda for its Oct. 27 virtual meeting on dual-use export controls (see 2110210007). Bureau of Industry and Security, State Department and EU officials will provide an update on EU and U.S. export control regulations and perspectives on “current export control challenges.” The officials also will hold an open discussion with “stakeholders” on export control priorities.
A U.S.-based technology company “likely” violated U.S. export controls against Huawei for more than a year but hasn't yet faced penalties by the Bureau of Industry and Security, Republican staff on the Senate Commerce Committee said Oct. 26. The committee’s minority staff said Seagate Technology likely continued shipping hard disk drives to Huawei after BIS amended its foreign direct product rule last year, which imposed controls on goods that are the direct product of certain technology or software subject to the Export Administration Regulations (see 2005150058 and 2008170029).
Peter Sotis of Delray Beach, Florida, and Emilie Voissem of Sunrise, Florida, were convicted of participating in an illegal export scheme to ship rebreather diving equipment to Libya, the Department of Justice said. Rebreathers, which have dual civilian and military applications, are included on the Commerce Control List and require an export license from the Commerce Department's Bureau of Industry and Security. Sotis and Voissem did not acquire this license when they attempted to ship the rebreathers to Libya in 2016, despite being told by a Commerce special agent that a license was required.
The Commerce Department needs to address several “urgent shortcomings” in its export control policies toward China (see 2110180016) and impose stricter export restrictions and license denials for sensitive goods and suppliers of Chinese military companies, a group of Republican lawmakers said in a letter to Secretary Gina Raimondo. The 17 Republicans, all members of the House’s China Task Force, also said the Bureau of Industry and Security should commit to a timeline for releasing more emerging and foundational technology controls and issue “appropriate” restrictions on fundamental research and open-source technology platforms.