The Commerce Department's Bureau of Industry and Security is amending the Export Administration Regulations (EAR) to add to the Unverified List 50 entities with addresses in China, Hong Kong, Indonesia, Malaysia and the United Arab Emirates (UAE). Thirty-seven of the 50 additions are located in China. The agency's final rule also removes 10 entities and adds one address for a person currently on the list. The Unverified List includes entities for which the U.S. government failed to complete satisfactory end-use checks, and therefore could not verify the entities' bona fides. Additions to the list are as follows:
The Trump administration is expected to complete a review of the current scope of U.S. export controls on countries subject to arms embargoes, including China, and may make potential regulatory changes by May 10, according to an April 5 blog post from Steptoe & Johnson. The administration’s review stems from a section of the 2018 Export Control Reform Act, which requires a “review relating to countries subject to comprehensive United States arms embargo.” The act specifically requires the Commerce, State and Defense departments, among others, to review export controls on trades with “military end uses and military end users,” according to the post.
The Commerce Department's Bureau of Industry and Security would like to increase its funding by about $4 million for export administration (EA), the agency said in its Fiscal Year 2020 budget justification. That new money would be split between "Identifying and Reviewing Emerging Technologies" and "Addressing Increased Foreign Investment Reviews," it said. BIS is asking for funding for 21 new personnel, the agency said.
The Commerce Department's Bureau of Industry and Security said the Sensors and Instrumentation Technical Advisory Committee (SITAC) scheduled a partially open meeting April 30 in Washington. The public session will include an remarks from BIS management and industry presentations. The open session will be accessible via teleconference to 20 participants on a first-come, first-served basis. To join via teleconference, submit inquiries by April 23 to Yvette Springer at Yvette.Springer@bis.doc.gov. A limited number of seats will also be available for in-person attendance at the public session.
The Commerce Department's Bureau of Industry and Security is looking for candidates for its seven Technical Advisory Committees, the agency said in a notice. "Industry representatives are selected from firms producing a broad range of items currently controlled for national security, nonproliferation, foreign policy, and short supply reasons or that are proposed for such controls," BIS said. "Representation from the private sector is balanced to the extent possible among large and small firms." Six of the TACs advise the Commerce Department on the "technical parameters for export controls and the administration of those controls within specified areas." The other TAC "focuses on the Export Administration Regulations (EAR) and procedures for implementing the EAR." TAC members can serve a term of up to four consecutive years and must obtain secret-level clearances prior to appointment, BIS said. Resumes should be sent to Yvette Springer at Yvette.Springer@bis.doc.gov.
The Commerce Department's Bureau of Industry and Security denied export privileges to Mohan Nirala on March 25, BIS said in a notice. Nirala was convicted in 2017 for violations of the Espionage Act after having unauthorized possession of classified documents, BIS said. The denial of export privileges will last for 10 years from the date of the conviction -- that is, until March 13, 2027, BIS said.
Commerce's Bureau of Industry and Security denied export privileges to Arnoldo Arredondo on March 25, BIS said in a notice. Arredondo was convicted in 2017 for conspiring in the export of rifles to Mexico that "were designated as defense articles on the United States Munitions List, without the required U.S. Department of State licenses," BIS said. The denial of export privileges will last for 10 years from the date of the conviction -- that is, until Nov. 28, 2027, BIS said.
The Commerce Department's Bureau of Industry and Security said the Regulations and Procedures Technical Advisory Committee (RPTAC) scheduled a partially open meeting April 2 in Washington. The public session will include an export enforcement update, regulations update, working group reports, an Automated Export System (AES) update, and presentations of papers or comments by the public. The open session will be accessible via teleconference to 20 participants on a first-come, first-served basis. To join via teleconference, submit inquiries by March 26 to Yvette Springer at Yvette.Springer@bis.doc.gov. A limited number of seats will also be available for the public session.
The European Union is implementing new criteria for screening foreign investment in the EU that includes effects on critical technologies and dual-use items defined in EU export control regulations, it said in a notice issued March 21. The regulation mirrors U.S. Committee on Foreign Investment in the United States (CFIUS) requirements currently being implemented that relate to “emerging technologies” as defined in Bureau of Industry and Security export control regulations. Specific technologies named in the new EU regulation include artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies as well as nanotechnologies and biotechnologies.
Valery Kosmachov was extradited from Estonia to face federal charges in the U.S. related to a "scheme to illegally procure sophisticated electronic components" and smuggle them to Russia, the Department of Justice said in a March 20 news release. The indictment was filed in September 2017 but was only unsealed on March 20, said the U.S. Attorney’s Office for the Northern District of California. Kosmachov was arrested in September 2018 and extradited to the U.S. on March 14, the DOJ said.