A “scam artist” has been circulating a “fake and fraudulent” request for quotation (RFQ) from the Bureau of Industry and Security, Nagesh Rao, BIS chief information officer, said in a Feb. 4 LinkedIn post. The post includes a link to the Fake RFQ, which has “successfully conned small businesses in fulfilling this order,” Rao said. The order includes a quote request from BIS for computers.
DOJ’s new corporate enforcement policies substantially increase compliance incentives and may lead to more voluntary self-disclosures, law firms said. But they also said much of the new policy will depend on how DOJ implements the changes, and it remains unclear how much of a downstream impact the revisions will have on export control and sanctions cases handled by other agencies.
The Bureau of Industry and Security suspended the export privileges of an Illinois resident for illegally exporting controlled equipment to Pakistan, the agency said in an order last week. BIS said Obaidullah Syed was convicted May 17, 2022, of conspiring to export computers, computer systems and “associated equipment” from the U.S. to the Pakistan Atomic Energy Commission without a Commerce Department license (see 2205200033). Syed was sentenced to one year and one day in prison, one year and one day of supervised release, a $100 assessment and a forfeiture of $247,000. BIS suspended Syed’s export privileges for 10 years from the conviction date.
The chairman of the House Foreign Affairs Committee, Michael McCaul, R-Texas, promised a "thorough review of the policies and procedures" at the Commerce Department's Bureau of Industry and Security after the state-run China Academy of Engineering Physics reportedly was able to continue purchasing U.S.-made semiconductors since 2020 despite being on a U.S. export ban list since 1997.
A former undersecretary of Commerce now at the Center for Strategic and International Studies, Bill Reinsch, said there has been relatively little impact on chip companies and chipmaking equipment companies from export controls on sales to China announced last October (see 2210070049).
The U.S. should double down on its resources, oversight and enforcement to prevent Russia from acquiring semiconductors and other dual-use goods used to power its war against Ukraine, the Silverado Policy Accelerator said in a report this week. If the broad Western export controls against Russia aren’t followed up with strict enforcement, the think tank said, Moscow will continue to find ways to import chips, including from China.
The top Republican on the House Foreign Affairs Committee said the Commerce Department hasn’t yet provided “acceptable responses” to oversight questions about the agency’s technology export controls. In a letter sent last week to Commerce, Rep. Michael McCaul, R-Texas, said the House committee may “use the authorities available to it to enforce these requests as necessary, including through compulsory process.”
U.S. and Japanese officials this week said they are hopeful the two countries will soon align their semiconductor export controls against China, adding to optimism within the Commerce Department that U.S. allies will eventually agree on the chip restrictions. The U.S. and Japan have made “progress” during recent talks, Japanese Ambassador Koji Tomita said, adding that they could reach more concrete results shortly.
Future U.S. presidential candidates should put forth an aggressive agenda to tackle China trade issues, including stronger export controls, experts with the American Enterprise Institute said in a blog post this month. The post, by AEI senior fellows Derek Scissors, Zack Cooper and Dan Blumenthal, includes a range of suggestions for presidential candidates to form a “comprehensive policy on how to approach the economic, military, and political threats that China poses.”
Robert Slack has joined Fenwick & West as a partner in its Washington, D.C.-based regulatory practice, the firm announced. Slack's practice focuses on economic sanctions, export controls and other trade compliance issues. He represents clients before the Office of Foreign Assets Control, the Commerce Department's Bureau of Industry and Security, the State Department Directorate of Defense Trade Controls and the Energy Department's National Nuclear Security Administration, the firm said. He is a former partner in Kelley Drye's trade and national security practice.