New potential U.S. export controls on a broader set of artificial intelligence-related chips could have massive impacts on the chip industry and American chipmaker Nvidia, said Colette Kress, Nvidia’s chief financial officer. Kress, speaking about reports that the Biden administration could tighten existing chip export restrictions as it prepares to finalize its China chip export control rule from October, said new license requirements could deal permanent damage to American chip industry sales in China.
A Republican-backed bill in the Senate could require the Bureau of Industry and Security to adopt a license review policy of presumption of denial for controlled exports to “any end user” in China or Russia and to notify Congress before approving a license to either country. After notifying Congress, lawmakers would be able to block BIS from granting the license, which will help “create additional safeguards to ensure sensitive technology does not flow to our adversaries,” the bill’s introducers’ press release said.
Many companies are grappling with how best to comply with the Commerce Department’s foreign direct product rule, “one of the key areas” still “unaddressed” by the agency’s regulations and guidance, said Kim Strosnider, a trade lawyer with Covington. She said Commerce’s compliance expectations for the FDP rule are rising despite due diligence challenges faced by industry, pointing to the agency’s record $300 million penalty against Seagate Technology in April (see 2305080029 and 2304190071).
Deborah Curtis, a former export control and sanctions official, has joined Arnold & Porter as a partner in its White Collar Defense & Investigations practice in Washington, the firm announced. Her practice will center on "national security investigations and defense, and other litigation and enforcement matters." Curtis previously served as the chief counsel for the Commerce Department's Bureau of Industry and Security, a trial attorney for export control and sanctions at DOJ, and as deputy general counsel for litigation and investigations for the CIA.
A ramping up of U.S. export enforcement efforts is causing companies to revisit their compliance practices, particularly as the Bureau of Industry and Security conducts more outreach to exporters, said Alan Enslen, a trade lawyer with Womble Bond. He said companies are more frequently auditing their export compliance programs amid a number of signs that the Biden administration is increasing scrutiny on potential export violations, including a multi-agency memo issued in March that Enslen said was a “shot across the bow” for U.S. exporters.
The Bureau of Industry and Security again renewed the temporary denial order (TDO) for three U.S. companies for their involvement in illegally exported technical drawings and blueprints to China (see 2206080068) after continuing to find evidence of additional potential export violations. The order, originally issued June 8, 2022, before being renewed in December (see 2212080007), was renewed for another 180 days on June 1, BIS said.
Lawmakers this week previewed two bills that could expand U.S. export controls, including one that could require the U.S. to impose new license requirements on certain data exports and another that would require the administration to create a tool to counter economic coercion.
The Bureau of Industry and Security doesn't have a draft rule in place to increase export licensing requirements for Huawei despite rumors this year that new restrictions for the Chinese technology company were imminent, said Thea Kendler, BIS assistant secretary for export administration. Kendler also said the agency has seen a sharp decline in China-related license applications, is spending more time reviewing those applications and is prioritizing reviews of artificial intelligence items, quantum computing technology and biotechnology for new export controls.
The Bureau of Industry and Security is hosting an in-person job fair June 27 to recruit export compliance specialists, engineers, cybersecurity specialists, trade analysts, criminal investigators and more, the agency said on LinkedIn this week. The job fair will be held at the Commerce Department in Washington from 9:30 a.m. to 3 p.m.EDT. Interested applicants can begin applying to specific job openings when they are posted on USAJobs.gov beginning June 13, BIS said.
The Bureau of Industry and Security recently published its response to an advisory opinion request on whether certain information shared with the International Civil Aviation Organization during aircraft standards development activities would be subject to the Export Administration Regulations. The requester, whose name was redacted, believes that the information contains “non-proprietary system descriptions” and therefore isn’t subject to the EAR.