The Bureau of Industry and Security and CBP last month rolled out two new country “verify” alerts for exports to sanctioned countries, messages that essentially make sure the exporter is aware it is exporting to such locations, BIS Office of National Security and Technology Transfer Controls Director Eileen Albanese said Dec. 14, during a Practising Law Institute export controls conference. Now, filers marking exports for Cuba, Syria, Sudan, North Korea or Iran will get a “verify” alert “to the effect of, ‘You know you’re shipping to sanctioned countries, right?’” Albanese said. “So kind of a helpful hint for you.” Such backstop alerts stem, in part, from BIS “getting data” that indicated a “huge” number of shipments to North Korea, as gleaned from country codes, she said. “Instead of exporters putting in ‘KR’ for South Korea, they were putting in ‘KP’ for North Korea.”

The Census Bureau should delete the reference to electronic export information (EEI) in its definition of a “routed export transaction,” to make the definition consistent with the Bureau of Industry and Security’s, the National Customs Brokers & Forwarders Association of America said in Dec. 5 comments to Census. Census defines a routed export transaction as a transaction wherein the foreign principal party in interest (FPPI) authorizes a U.S. forwarding or other agent to facilitate export of items from the U.S. on its behalf and to prepare and file the EEI. BIS’s Export Administration Regulations don’t include the reference to EEI.

The Bureau of Industry and Security has removed an individual and two entities from a temporary export denial directive, which the agency administers over Iranian Mahan Air and other individuals and companies, BIS said. The BIS export denial for Mahan, which has been renewed since 2008, will expire on Dec. 26 (see 1706300013). BIS is removing the following individual and entities from the denial:

The International Trade Administration (ITA) is seeking comments from U.S. stakeholders on standards, conformity assessment, and regulatory trends and challenges in foreign markets and the assistance they require from ITA to address “standards-related trade barriers and trends” to capture export opportunities, the ITA said. The agency will use the input in reviewing how to enhance services and programs to best meet stakeholders’ needs in the foreign standards area. The ITA will hold an "internal summit" on how to improve those services and programs March 6-7, 2018, and is collecting private-sector requests for “limited opportunities” to participate in summit portions, the agency said. Requests to participate in the summit and comments to inform the trade barriers review must be sent by the end of Dec. 17.

The Bureau of Industry and Security is issuing a final rule making clarifications to the Export Administration Regulations (EAR), including “three clarifications to License Exception Governments, International Organizations, International Inspections under the Chemical Weapons Convention, and the International Space Station,” BIS said. The rule will also add five notes and make other minor clarifications to the strategic trade authorization (STA) license exception. The clarifications don’t change the EAR requirements for the use of license exceptions, “but are intended to assist exporters new to the EAR,” BIS said.

The Bureau of Industry and Security is amending its regulations to change the list of eligible destinations and items for shipments to China under the validated end user (VEU) authorization for Lam Research Service Co., Ltd., BIS said. Effective Oct. 23, BIS is adding six facilities, changing the address for one facility, changing the name for two facilities, changing the name and address for one facility, and removing one facility on the list of Lam’s eligible facilities. The final rule will also limit the authorization for ECCN 3D001 software (excluding source code) for all facilities to allow only such software specially designed for the "development" or "production" of equipment controlled by paragraph .e of ECCN 3B001 (Automatic loading multi-chamber central wafer handling systems having all of the following:...). BIS is making a "similar limitation" for 3D002 software (excluding source code) for all facilities, so that only such software specially designed for the "use" of equipment controlled by 3B001.e qualifies as an eligible item.

The Census Bureau is accepting public comments through Dec. 5 on routed export transactions and the definition of and party responsibilities in such transactions, the agency said. “The Census Bureau is soliciting comments on the clarity, usability, and any other matters related to the regulatory requirements for routed transactions,” the agency said. Census is asking for suggestions for the “definition of routed export transaction,” in the case that commenters find the current CFR definition unclear; is asking whether it should modify the set of data elements required from the U.S. authorized agent when filing electronic export information; and is asking whether it should modify the dataset that the U.S. principal party in interest (USPPI) is required to provide to the U.S. authorized agent, among other things. Other data elements, including the shipment reference number, export information code and foreign-trade zone identifier, are required to be reported, but federal regulations don’t list the party responsible for providing the information. Census wants comments on whether the USPPI or U.S. authorized agent should report these required data elements, the agency said. Census is also asking how Foreign Trade Regulations requirements could be revised to align with the Export Administration Regulations on routed export transactions.

The Directorate of Defense Trade Controls (DDTC) is understaffed as average license processing times are expected to increase with the recent shifts of items requiring less complex authorizations from the U.S. Munitions List to the Commerce Control List, DDTC officials said Oct. 4 during the Bureau of Industry and Security annual export control policy conference. Although the average processing time for licenses is currently 27 days, DDTC expects that number to increase in fiscal year 2018, amid a complicated global geopolitical situation and as several transactions are “on hold” due to a “variety” of policy issues, said Catherine Hamilton, chief of DDTC’s Office of Defense Trade Controls Licensing division for space, missile, and sensor systems. “Also, as a result of [export control reform], the low-hanging fruit has all transitioned to the Department of Commerce,” said Hamilton, referring to the shift of some less sensitive items to the less restrictive Commerce Control List, as required by a 2013 executive order.

The Bureau of Industry and Security is continuing export control reform (ECR) work left by the Obama administration, BIS Assistant Secretary for Export Administration Richard Ashooh said Oct. 3 during his agency’s annual Washington export control policy conference. BIS has not yet shifted items from U.S. Munitions List Categories I (firearms, close assault weapons, and combat shotguns), II (guns and armament) and III (ammunition/ordnance) to the Commerce Control List, after the Obama administration didn’t continue ECR for those classes of goods (see 1612150032). “BIS is working hard to transfer the remaining items identified in ECR, which have yet to be implemented, but we’re working hard,” Ashooh said. “And this is emblematic of our attentions to ECR, to ensure that the broad changes made, and about to be made, are fully implemented and understood by the export community.”

Under Secretary for Industry and Security Mira Ricardel on Oct. 3 called out China for unfair business practices and said the Bureau of Industry and Security would work to counter them. “Some governments, in particular China, are taking actions that destroy markets, and place American workers and businesses at a disadvantage,” she said during BIS’s annual export control policy conference. “As under secretary for BIS, I will use every available tool at my disposal, and work with my interagency parties and the U.S. Congress to advance a level playing field, and protect America’s industrial base.” The Senate confirmed Ricardel for the post on Aug. 3 (see 1708040048).