The Commerce Department’s delay in issuing emerging and foundational technology controls may not be hampering U.S. foreign investment reviews as much as some lawmakers have suggested, trade lawyers said. Although the Committee on Foreign Investment in the U.S. doesn’t yet have a clear set of Commerce-defined critical technologies to target, that has not slowed down CFIUS from catching non-notified deals in critical technology sectors, the lawyers said in interviews, especially those involving semiconductors (see 2109010051).
The Bureau of Industry and Security revoked export privileges for Luis Lopez for illegally exporting firearms to Mexico, BIS said in an Aug. 30 order. Lopez was convicted Dec. 17, 2019, after illegally exporting five AK-47 semiautomatic rifles, BIS said. Lopez was sentenced to 37 months in prison and three years of supervised release, and was issued a $100 fine. BIS denied his export privileges for 10 years from the date of conviction.
The Bureau of Industry and Security recently named John Johnson the assistant director for investigative programs at the Office for Export Enforcement, a BIS spokesperson said. Johnson, who has been with OEE since 2007 and previously served as a special agent at the State Department, began his new role Aug. 1. He will oversee OEE's investigative programs.
The Commerce Department hasn’t been able to move forward on its routed export rule because it is awaiting confirmation of political appointees in the Bureau of Industry and Security, according to a document recently posted by CBP. The rule, which has seen several delays, involves “critical issues that need attention” from BIS appointees, the document said. President Joe Biden recently nominated Alan Estevez to lead BIS (see 2107130004) and Thea Kendler to be assistant secretary for export administration (see 2107280063), but neither has had a confirmation hearing scheduled.
Several Republican lawmakers criticized the Biden administration this week for reportedly (see 2108250018) granting export licenses for companies to ship hundreds of millions of dollars worth of auto chips to Huawei. The licenses reportedly were approved within the past several months and authorized only exports of auto chips, which are viewed as less sensitive than other types of semiconductor-related items.
Several U.S. and multinational companies recently disclosed potential U.S. sanctions violations or updated previous disclosures. The cases involve a destruction of evidence in a sanctions investigation, potentially illegal transactions with Iran, a gaming software company and others.
The Bureau of Industry and Security released a final rule to make technical corrections and clarifications (see 2108110010) to a 2020 rule that transferred export control jurisdiction over certain firearms from the State Department to the Commerce Department. The rule, released Aug. 18 and effective Sept. 20, introduced changes to make the requirements “easier to understand” and “interpreted consistently,” BIS said.
The Bureau of Industry and Security fined a U.S. semiconductor manufacturer $469,060 for working with others to export chip-making equipment to Chinese companies on the U.S. Entity List, BIS said in an Aug. 16 order. The company, California-based Dynatex International, violated the Export Administration Regulations because it didn’t obtain the required BIS license before shipping the equipment. Although BIS said Dynatex knew it was shipping items to blacklisted companies, the agency substantially reduced the fine as part of a settlement agreement.
Mi-Yong Kim, former chair of the Operating Committee for Export Administration at the Commerce Department's Bureau of Industry and Security, joined Bass Berry as counsel in its Washington, D.C.-based International Trade Practice, the firm announced Aug. 10. Kim worked at Commerce for over 18 years, nearly 10 of them as a senior attorney with the Office of Chief Counsel for Industry and Security. Kim will work on national security issues, including matters involving the Export Administration Regulations, the International Traffic in Arms Regulations and the Committee on Foreign Investment in the U.S., the firm said.
The Bureau of Industry and Security recently withdrew a proposed rule that would have imposed export controls on certain additive manufacturing equipment used to print “energetic materials” and related software and technology. BIS sent the rule for interagency review last month and was expected to propose the equipment for control at the Wassenaar Arrangement (see 2107270004). A BIS spokesperson declined to comment.