The Bureau of Industry and Security has submitted to the Office of Management and Budget a final rule for approval entitled: "Export Control Modernization: Strategic Trade Authorization License Exception." (See ITT's Online Archives or 03/29/11 news, 11032916, for BP summary on associations saying this rulemaking would only provide limited benefit.)
The Environmental Protection Agency has issued a proposed rule to clarify, restructure, and add more specificity to its labeling regulations for the export of unregistered pesticide products and devices. EPA states that its regulations under 40 CFR 168.65, which date to 1993, are not as clear as it intended and that the resulting ambiguity might have led to uncertainty in compliance. According to EPA, the proposed rule would not change the substance of the current requirements.
The Bureau of Industry and Security has posted a notice stating that it supports all efforts for emergency support and humanitarian relief for Japan involving items subject to the Export Administration Regulations. However, most shipments of dual-use items exported to Japan do not require a Commerce license. BIS states that if one plans to export items in support of current relief efforts in Japan and thinks that a license may be required, they should contact BIS for guidance. If a license is required, expedited processing may be requested. Further information is available by calling the Exporter Counseling Staff at 202-482-4811.
The Bureau of Industry and Security has issued an order denying certain export privileges until May 2, 2015 against Credit International Trading Co., Ltd. of China, which has been determined to be affiliated with the individual Ruo Ling Wang, who was convicted in 2005 of knowingly and willfully making a false statement and concealing a material fact from BIS and the former U.S. Customs Service. BIS is also revoking all licenses in which Credit International had an interest at the time of Wang’s conviction. (See ITT's Online Archives or 05/02/06 news, 06050299, for BP summary of the Wang denial order.)
The Bureau of Industry and Security has issued an order denying certain export privileges for a period of two years from April 5, 2011 against Manoj Bhayana, for his participation in the sale and unlicensed export of graphite rods and pipes from the U.S. to Pakistan via the United Arab Emirates.
On April 4, 2011, the Justice Department announced that two Chinese nationals, Hong Wei Xian and Li Li, have been indicted for attempting to smuggle radiation-hardened microchips from the U.S. to export to China, in violation of the Arms Export Control Act.
The International Trade Administration is extending the comment period for the public to identify unnecessary regulatory divergences in North America that can impede U.S. exports. According to ITA, it will work cooperatively with Mexico and Canada to address the concerns that are raised.
On March 21, 2011, the Office of Management and Budget approved a State Department final rule to amend the International Traffic in Arms Regulations to remove the requirement for an additional license for dual national and third-party national employees of approved end users.
The Bureau of Industry and Security received 55 comments on its December 2010 advance notice of proposed rulemaking (ANPR) on revising the Commerce Control List (CCL) to make it more clear, positive, and tiered. Commenters expressed concerns on the tier placement criteria for items and on the foreign availability aspects of the CCL.
The Bureau of Industry and Security received 41 public comments on its December 2010 proposed rule to add a new License Exception Strategic Trade Authorization (STA). Commenters expressed concerns that the proposed exception is too conservative and will not benefit many companies, and provided recommendations for new licensing mechanisms.