Companies should closely review the State Department's recently released compliance program guidelines to make sure their own programs are up to date, Hogan Lovells said in a December alert. The firm also said the guidelines, which outlined key elements of an effective compliance program (see 2212060015), give the defense industry, universities and others involved in activities controlled by the International Traffic in Arms Regulations “insight into the regulator’s compliance expectations.” Because the guidelines are similar to those issued by the Bureau of Industry and Security and the Office of Foreign Assets Control, “organizations should expand their policies and procedures to confirm that these elements are captured if they engage in ITAR regulated activities,” the law firm said.
A bill that could move U.S. export control authority from the Commerce Department to the Defense Department reflects a lack of understanding of the export control licensing process and raises a number of questions about the future of U.S. export control regulations, Braumiller Consulting Group said in a recent post. Congress may want to devote more effort to holding Commerce and the Bureau of Industry and Security “accountable” under the Export Control Reform Act “rather than attempting to fix something that is working fine,” said the post, written by Craig McClure, a senior trade adviser with the firm.
The Bureau of Industry and Security is seeking public comments on the impact of the Chemical Weapons Convention on commercial activities during 2022, BIS said in a notice. The agency is specifically looking for feedback on how activities involving Schedule 1 chemicals were affected to determine whether CWC decisions "harmed" the “legitimate commercial activities and interests of chemical, biotechnology, and pharmaceutical firms” this year. Comments are due Jan. 23.
The Bureau of Industry and Security on Dec. 20 completed an interagency review that could implement certain export control decisions agreed to at the multilateral Australia Group and place new controls on certain marine toxins, plant pathogens and biological equipment (see 2212090004). BIS sent the rule to the Office of Information and Regulatory Affairs Dec. 7 after previously sending it to OIRA Sept. 9, where it was completed with some changes (see 2209120002). The rule, if published, could finalize May-proposed controls on four dual-use biological toxins that BIS said can be weaponized to kill people or animals.
Several U.S. technology companies recently disclosed their ongoing efforts to comply with new export restrictions against China (see 2210070049), with some determining the regulations will have little effect and others saying the uncertainty is leading to business interruptions.
The Bureau of Industry and Security this week renewed temporary denial orders for three Russian airlines (see 2206240051) because they continue to illegally operate aircraft on flights into and out of Russia. The agency renewed denial orders for Siberian Airlines, Pobeda Airlines and Nordwind Airlines for 180 days.
The Bureau of Industry and Security revoked the export privileges of two people this week after they tried to illegally export guns and ammunition.
The Bureau of Industry and Security this week announced new, stricter license requirements for exports to the Wagner Group, a Russian private military company, by designating it as a Russian military end-user, BIS said in a final rule effective Dec. 21. The new designation imposes a license review policy of denial for all items subject to the Export Administration Regulations, except for certain food and medicine, which will be reviewed on a case-by-case basis.
The Senate this week unveiled its fiscal year 2023 government spending package, which includes additional funding for key export control, sanctions and trade priorities. The package also includes another round of emergency defense aid for Ukraine.
The Bureau of Industry and Security granted an export license for U.S. chip company Nexcel Electronic Technology (NETI) after the company told BIS that new restrictions on China would force NETI to shut down and fire all its employees. NETI, which provides certain semiconductor services to Chinese companies, was granted a four-year license to continue its operations, the company’s lawyer and trade consultant told Export Compliance Daily.