The Office of Information and Regulatory Affairs began an interagency review of a Bureau of Industry and Security pre-rule to pinpoint potential controls for foundational technologies. OIRA received the rule Aug. 3. A BIS official said in May the agency was finalizing an internal review of the rule (see 2005190052), which has been expected since Congress passed the Export Control Reform Act of 2018 mandating BIS reviews of controls for both emerging and foundational technologies.
The Bureau of Industry and Security will hold a virtual export control policy conference Sept. 2, covering updates on export control regulations, license exceptions, semiconductor controls and the Entity List. The conference will include a question-and-answer session with BIS officials and “other agency experts,” and will feature updates from the State Department’s Directorate of Defense Trade Controls, sanctions policy and the Committee on Foreign Investment in the U.S. BIS canceled its in-person annual conference earlier this year due to the COVID-19 pandemic (see 2005210051).
The Bureau of Industry and Security on June 30 formally issued a notice with details (see 2007130018) of its June decision to suspend Hong Kong export licenses (see 2006300050 and 2006290063), outlining which licenses are impacted and reiterating the agency’s savings clauses for affected exports. BIS also said it is reviewing the Export Administration Regulations along with other agencies to “assess whether additional amendments are warranted.”
The aerospace industry applauded the U.S. decision to loosen export restrictions on unmanned aircrafts, saying the change may allow U.S. companies to better innovate and compete in emerging markets for new aircraft technologies. The decision, announced by the State Department July 24, will no longer subject exports of certain unmanned aerial systems to a “strong presumption of denial,” but will instead impose a case-by-case review policy on a “subset” of unmanned aircrafts that fly at speeds below 800 kph.
The Office of Information and Regulatory Affairs concluded interagency reviews of two final rules from the Bureau of Industry and Security. On July 16, OIRA completed review of a rule to suspend license exceptions for Hong Kong. BIS announced the license suspensions last month along with a guidance and savings clause (see 2006300050). OIRA received the rule July 10. On July 17, OIRA completed review of a rule to implement export control changes agreed to during the 2018 Wassenaar Arrangement. The rule will also make revisions related to national security controls. OIRA received the rule May 20.
The Bureau of Industry and Security has begun a broad review of new export controls on surveillance technologies going to China, which may also include additions to the agency’s Entity List, Acting Commerce Undersecretary for Industry and Security Cordell Hull said. Hull called the review “comprehensive” and “in-depth,” saying it could lead to controls over advanced surveillance tools, artificial intelligence software and biometric technologies.
The Office of Information and Regulatory Affairs began an interagency review for a proposed Bureau of Industry and Security rule to control “software” for the operation of “automated nucleic acid assemblers and synthesizers.” BIS will request comments on the proposed export controls. OIRA received the rule July 20.
The Taiwan Semiconductor Manufacturing Co. said it will stop chip shipments to Huawei due to the Bureau of Industry and Security's increased license restrictions, Nikkei Asian Review reported July 16. TSMC Chairman Mark Liu said the company has not taken any new orders from Huawei since BIS issued a rule May 15 increasing restrictions (see 2005150058), the report said. “Although the regulation just finished its public comment period, the BIS did not make a final ruling change. Under this circumstance, we do not plan to ship wafers [to Huawei] after Sept. 14,” Liu told investors at a conference, according to the report. TSMC did not comment. Liu did not say whether TSMC plans to apply for export licenses. The company recently announced plans to build a chip factory in Arizona (see 2005150033). U.S. lawmakers are concerned that could disadvantage U.S. chip companies if TSMC is awarded unfair subsidies (see 2005200030 and 2005270030).
The Bureau of Industry and Security is considering imposing new license requirements on facial recognition software and surveillance-related items that may be used for crowd control reasons or to violate human rights. BIS said in a notice it is reviewing changes to the Commerce Control List and is seeking industry feedback about CCL items that are restricted for crime control and detection reasons. Comments are due Sept. 15.
The Commerce Department’s long-awaited proposed regulations on routed export transactions may not be issued until next year, a Census Bureau official said. Both Census and the Bureau of Industry and Security have been working closely on the rule but have struggled to pinpoint a release date. “I thought it would happen this year, but I'm going to go with probably 2021,” Kiesha Downs, chief of Census’ Foreign Trade Division’s regulations branch, said during a July 15 webinar hosted by Census. “It's just a matter of ironing out a couple more things.”