A New York freight forwarder agreed to complete export compliance training, but won’t face a fine, after admitting to the Bureau of Industry and Security that it illegally shipped enterprise servers and switches to Iran on behalf of an Iran-based exporter.
Exporters and industry groups warned the Bureau of Industry and Security this month about placing new eligibility restrictions on License Exception Strategic Trade Authorization (STA) for several technologies critical to their businesses, saying that could disrupt their supply chains and saddle the agency with an influx of license requests. At least one company urged BIS to launch what it said is a much-needed review of its space-related export controls, which could benefit from the license exception but that haven’t been overhauled since 2017.
Technology companies, trade groups, think tanks and researchers urged the government to be cautious as it evaluates its semiconductor-related export controls and prepares new ones, warning that misguided restrictions could cede American technology leadership to China, hurt the competitiveness of U.S. companies and raise the complexity of an already fraught compliance landscape.
The U.S. may need to take stronger export control actions to stifle Chinese progress in artificial intelligence, including broader semiconductor-related restrictions, a U.S. congressional commission heard this week. But the commission was also warned about the dangers of overly broad controls on more emerging technologies, such as quantum, which experts said could hurt instead of help U.S. competition with China.
Electronics distribution company Broad Tech System and its president and owner, Tao Jiang of Riverside, California, pleaded guilty Jan. 11 to participating in a conspiracy to illegally ship chemicals made or distributed by a Rhode Island-based company to a Chinese firm with ties to the Chinese military, the U.S. Attorney's Office for the District of Rhode Island announced. Jiang and Broad Tech admitted to violating the Export Control Act and conspiring to commit money laundering.
The Bureau of Industry and Security this week expanded its export controls against Russia and Belarus to cover a broader range of items and Harmonized System codes, including more industrial materials and aircraft parts. The agency also added new controls to better restrict exports used in Iran’s drone production, revised the de minimis treatment for certain military and spacecraft-related items, added a new license requirement exclusion and more.
The Bureau of Industry and Security published a new set of frequently asked questions for its recently updated semiconductor export controls (see 2310170055), offering guidance on the agency’s new export notification requirement, its controls on U.S. persons activities, the scope of its end-use controls, direction for electronic export information filers and more. The FAQs also give input on several export scenarios that may require a license and preview at least one export control revision that BIS plans to make.
The Commerce Department published its fall 2023 regulatory agenda for the Bureau of Industry and Security, including proposed rules involving its export controls for semiconductors and semiconductor equipment.
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.
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.