The Biden administration has imposed tighter conditions on previously approved export licenses for some Huawei suppliers, Bloomberg reported March 11. The increased restrictions, which took effect last week, “create a more explicit prohibition on the export” of semiconductors and other components for use in Huawei’s 5G devices, and aim to make the Commerce Department’s export restrictions “more uniform among licensees,” the report said. The move is the latest sign that the Biden administration plans to continue a strict Huawei export licensing policy, which began under the Trump administration and ended with a flurry of license denials during President Donald Trump’s final days in office (see 2101150062). A spokesperson for the Bureau of Industry and Security, which oversees the license applications, said it can't comment on licensing decisions due to “confidentiality provisions.”
The Bureau of Industry and Security is seeking comments on ways the agency can help boost the competitiveness and capacity of the U.S. semiconductor industry, according to a notice issued March 11. The comments, due April 5, will help inform the Commerce Department’s policy recommendations to the White House as part of a February executive order to address supply chain shortages of semiconductor chips (see 2102240068).
The Commerce Department plans to soon test possible data sources to replace the Electronic Export Information submitted by exporters for shipments to Puerto Rico, an agency official said. If the data sources are accurate and reliable, the Census Bureau may remove the EEI requirements from the Automated Export System, which could reduce costs and filing obligations for shippers to the territory. But Census is unsure whether the alternative data sources will be viable and is still reviewing the proposed changes to the filing requirements, which were outlined in a September pre-rule (see 2009160033).
The Bureau of Industry and Security has placed its foreign military intelligence rule (see 2101140035) on hold and may not implement the rule’s changes later this month, a BIS official said. Although the rule was published in the Federal Register in January, BIS included it in the Biden administration’s regulatory freeze because it wasn’t scheduled to take effect until March 16.
The Bureau of Industry and Security denied a New Jersey man export privileges after he illegally exported electronic components to Russia, BIS said in a March 8 order. BIS denied Alexander Brazhnikov export privileges for 15 years. Brazhnikov pleaded guilty to the charges in 2015 and was sentenced to 70 months in prison in 2016 (see 1607010044).
The Bureau of Industry and Security denied export privileges for a German aircraft maintenance company and fined it more than $50,000 for procuring U.S. parts and components for a sanctioned Iranian airline. MSI Aircraft Maintenance Services International GmbH & Co. worked with Iran’s Mahan Airways (see 2011270001) to illegally export U.S.-origin reservoir and valve assemblies, which were controlled under the Export Administration Regulations, BIS said in a March 5 order. The agency said it will waive MSI’s three-year export denial if the company pays the fine, cooperates with BIS during a three-year probationary period and doesn’t commit any more EAR violations.
Five companies said they may have violated U.S. sanctions, export controls or anti-corruption laws, according to their February Securities and Exchange Commission filings. The potential violations involved illegal exports, providing services to sanctioned territories and gift cards sent to the Chinese government.
The Bureau of Industry and Security's January rule that expanded export restrictions on foreign military intelligence agencies (see 2102190042) and other activities of U.S. companies could lead to expansive licensing requirements and place burdensome compliance obligations on U.S. companies, Akin Gump said in a March 1 letter to BIS. The law firm said it represents a client that may be affected by the rule’s broad language and urged the agency to narrow its breadth to limit impacts on legitimate business.
The Bureau of Industry and Security issued new restrictions on exports to Myanmar and added four entities to the Entity List in response to the country’s military-led coup last month (see 2102110020). The restrictions, which take effect March 8, increase controls on certain “sensitive” items, remove certain license exceptions, impose a more strict licensing policy and subject Myanmar to BIS’s military end-use and end-user restrictions (see 2012220027), according to a final rule released March 4.
The Office of Information and Regulatory Affairs on March 2 completed its review of a final Bureau of Industry and Security rule that will implement sanctions and export restrictions against Myanmar (see 2102170005). OIRA received the rule Feb. 23 (see 2102240007).