A U.S. appeals court this month upheld the conviction and 57-month prison sentence of Florida business owner Peter Sotis for conspiring to and illegally attempting to ship export-controlled rebreather diving equipment to Libya.
The Bureau of Industry and Security may be preparing to introduce new export rules for certain firearms, gun parts and ammunition, including one change that would require certain end-users to submit their passports to BIS and another that would shorten the validity period of certain licenses from four years to one year. Other changes could introduce new Export Control Classification Numbers for certain firearms and parts, require exporters to first obtain an import certificate from the importing country, and create a new working group to review firearms-related license applications.
Sen. Marco Rubio, R-Fla., is urging the Commerce Department to block exports of chip design software to China’s Brite Semiconductor, which reportedly offers chip design services to six Chinese military suppliers (see 2312130020).
The Census Bureau and the Bureau of Industry and Security have restarted work on their long-awaited routed export rule and hope to make more progress in the next year, said Gerry Horner, chief of the Census Trade Regulations Branch.
A trade group is urging the Bureau of Industry and Security to revise its export controls surrounding encryption and mass-market goods, saying some of those less-sensitive items should no longer be subject to strict license requirements. The group also asked BIS to eliminate some encryption-related reporting requirements that burden compliance professionals and said the agency should devote more resources to its licensing division, which will help speed up decisions on applications and classification requests.
Although scholars from the U.S., Japan and South Korea said the three countries largely agree on China-related semiconductor export controls, they said those conversations could grow more difficult as the U.S. continues to restrict a broader set of advanced chips and chipmaking equipment.
The semiconductor industry is pushing the Biden administration for more transparency surrounding its future plans for export controls on chips and chip tools, saying the uncertainty is causing more foreign customers to avoid using advanced U.S.-origin technology. The industry also warned that China has seen a sharp uptick in domestic orders for chips and chipmaking equipment following the most recent U.S. controls, potentially jeopardizing sales to the American semiconductor industry’s largest market.
The Bureau of Industry and Security is working more closely with the Office of Foreign Assets Control on enforcement issues, which could allow the two agencies to better align the BIS Entity List and OFAC’s Specially Designated Nationals List, a BIS official said this week.
The Biden administration’s recent decision to remove China’s Institute of Forensic Science (IFS) from the Entity List has led the Chinese government to become more helpful, at least initially, in stemming the flow of illegal fentanyl drugs to the U.S., Bureau of Industry and Security officials said.
Congress should require the Biden administration to strengthen export controls against China and give it new tools to restrict a broader range of inbound and outbound investments, the House Select Committee on China said in a Dec. 12 report.