The Bureau of Industry and Security on Jan. 19 updated its guidance for exports to military-end users and for end-uses in China, Russia and Venezuela (see 2006290045). BIS said it amended one frequently asked question concerning exports to national police. The agency recently amended the Export Administration Regulations to add a military end-user list, which consists of entities subject to export licensing requirements (see 2012220027).
The U.S. will no longer impose a presumption of denial policy for export license applications for Sudan but will still limit which export license exceptions can be used for those exports, the Bureau of Industry and Security said in a Jan. 19 guidance. The guidance, issued less than a week after BIS amended Sudan’s status to loosen certain restrictions in the Export Administration Regulations (see 2101140018), also covered how BIS will control exports of aircraft, encrypted telecommunication items and anti-terrorism controlled items.
The Trump administration told a number of Huawei suppliers that it planned to revoke their licenses to sell to the company and planned to reject “dozens” of other Huawei-related license applications, according to a Jan. 17 Reuters report. The actions impacted licenses used by Intel, Japanese chipmaker Kioxia Corp and others, the report said. Reuters said the action was taken as about 150 licenses were pending for $120 billion worth of goods and technology, which have been held up due to interagency disagreements. Another $280 billion in license applications have yet to be processed but are “likely” to be denied, the report said. The Commerce Department rejected a “flurry” of Huawei-related license applications last week, and an agency official said the pandemic has contributed to adjudication delays and a backlog of applications (see 2101150062). A Bureau of Industry and Security spokesperson said the agency continues to work with interagency partners to “apply consistently the licensing policies articulated” in the Export Administration Regulations “in a manner that protects U.S. national security and foreign policy interests.”
The Bureau of Industry and Security is experiencing significant delays to its Huawei licensing decisions due to telework rules and the COVID-19 pandemic, a BIS official said. Communication between agencies has been hampered, the official said, leading to lengthy license adjudications and a backlog of applications.
The Bureau of Industry and Security added one Chinese entity to its Entity List, another to its Military End User List and removed two Russian entities from the MEU List, the agency said in a final rule. BIS added China National Offshore Oil Corporation Ltd. (CNOOC) to its Entity List for its involvement with China’s militarization of the South China Sea and designated Beijing Skyrizon Aviation Industry Investment Co., Ltd. because of its ties to China’s military. The changes are effective Jan. 14.
The Bureau of Industry and Security announced new controls on technologies and activities that may be supporting foreign military-intelligence end-uses and end-users in China, Cuba, Russia, Venezuela and other “terrorist-supporting” countries. The agency also will bolster controls to prevent U.S. people from supporting weapons programs, weapons delivery systems and weapons production facilities, BIS said in an interim final rule issued Jan. 15. The changes take effect March 16. Comments are due March 1.
The Bureau of Industry and Security removed certain license restrictions for Sudan (see 2012080003) to reflect the U.S. decision to rescind Sudan’s designation as a state sponsor of terrorism (see 2012170015). The final rule, effective Jan. 14, will amend the Export Administration Regulations by removing anti-terrorism controls on exports to Sudan and by removing Sudan from Country Group E:1, which makes the country eligible for a 25% de minimis level, BIS said. Sudan also was added to Country Group B and will be eligible for several new license exceptions.
The Bureau of Industry and Security is seeking comments, due March 15, on an information collection related to a request for appointment of a technical advisory committee, it said in a Jan. 14 notice. The collection describes the functions and responsibilities of the Commerce Department TACs. “The TACs advise the government on proposed revisions to export control lists, licensing procedures, assessments of the foreign availability of controlled products, and export control regulations.” the notice says.
The Office of Information and Regulatory Affairs Jan. 12 completed a review of an interim final Bureau of Industry and Security rule that will expand certain end-use and end-user controls, and controls on “specific activities of U.S. Persons.” OIRA received the rule Dec. 14.
The Bureau of Industry and Security added one Chinese entity to its Entity List, another to its Military End User List and removed two Russian entities from the MEU List, the agency said in a final rule that is effective as of Jan. 14. The rule added China National Offshore Oil Corp. Ltd. (CNOOC) to its Entity List and designated Beijing Skyrizon Aviation Industry Investment Co., Ltd. as having ties to China’s military. It also removed Russia-based Korporatsiya Vsmpo Avisma OAO and Molot Oruzhie from the MEU List.