The Bureau of Industry and Security loosened its license review policy for exports of certain drones controlled under the Export Administration Regulations (see 2012150011). The move, following a similar announcement by the State Department in July (see 2007270035), will impose a case-by-case license review policy on certain unmanned aerial systems (UAS) as opposed to a review policy of presumption of denial. The change will impact drones controlled for missile technology (MT) reasons and that have a “range and payload capability equal to or greater than 300 kilometers/500 kilograms” and a “maximum true airspeed of less than 800 km/hour,” BIS said in a final rule. The agency said the case-by-case review policy will also apply to MT-controlled items for the design, development, production or use in such drones. The changes take effect Jan. 12.
The Bureau of Industry and Security removed three entities from its Unverified List after completing successful end-use checks, the agency said in a notice released Jan. 8. The notice removes Germany-based DMA Logistics GmbH and Halm Elektronik GmbH and Mexico-based Integrated Production and Test Engineering from the list after BIS verified their bona fides. The changes take effect Jan. 11.
The Bureau of Industry and Security amended the Chemical Weapons Convention Regulations and Export Administration Regulations to control new chemicals used in chemical weapons. The final rule, effective Jan. 7, aligns U.S. export controls with recent changes made by the multilateral Chemical Weapons Convention.
The Bureau of Industry and Security clarified and expanded the scope of export controls for certain vaccines and medical products (see 2012090006), the agency said in a final rule effective Jan. 7. The changes align U.S. export controls with decisions agreed to at the Australia Group’s 2019 plenary group. The updated controls also have implications for vaccines related to COVID-19, BIS said.
The Bureau of Industry and Security renewed its temporary export control on certain artificial intelligence software as it prepares to propose the control at multilateral control groups. The control, first issued in January 2020 (see 2001030024), placed unilateral restrictions on geospatial imagery software, adding it to the 0Y521 Temporary Export Control Classification Numbers Series. BIS extended the control for one year, effective Jan. 6, a notice said.
Four companies said they may have violated U.S. sanctions and export controls after providing products to blocked parties or not complying with licensing requirements, according to their Securities and Exchange Commission filings. The potential violations involve illegal exports of software, providing services to people in embargoed countries, and sanctioned airline activities.
The Bureau of Industry and Security December rule (see 2012220053) that removed Hong Kong as a separate destination under the Export Administration Regulations has implications for EAR requirements but does not impact certain Census Bureau reporting requirements, Census said. In a Dec. 29 email to industry, Census said the BIS rule does not change Census' Foreign Trade Regulations ultimate consignee, country of destination and intermediate consignee reporting requirements, which contribute to certain trade statistics.
The Office of Information and Regulatory Affairs on Dec. 23 completed a review of a final Bureau of Industry and Security rule that will implement more export controls agreed to at the 2019 Wassenaar Arrangement plenary. BIS published the first set of controls from the plenary in October (see 2010020042) but has since experienced rulemaking delays (see 2012080046). OIRA received the rule Dec. 11 (see 2012140009).
The Bureau of Industry and Security this month released the full set of comments it received on its pre-rule for foundational technologies (see 2008260045 and 2010070012), including hundreds of pages of feedback from U.S. and global semiconductor companies urging the agency to refrain from imposing narrow, unilateral export controls. BIS also received comments from some of the world’s largest technology companies, including Google and Microsoft, both of which told BIS that its controls could create unmanageable problems for compliance programs.
The Bureau of Industry and Security reduced licensing restrictions for certain exports to Ukraine, Mexico and Cyprus by revising their Country Group designations in the Export Administration Regulations (see 2011230010), according to a final rule released Dec. 23. The rule moves Ukraine from Country Group D to County Group B and adds Mexico and Cyprus in Country Group A:6, making more license exceptions available for each country. The changes take effect Dec. 28.