A Commerce Department technical advisory committee is considering proposing an exception for U.S. deemed export regulations to allow U.S. businesses to better compete with foreign companies. The potential exception, which hasn’t been finalized but was discussed during a July 27 meeting of the Sensors and Instrumentation Technical Advisory Committee, would authorize certain deemed exports to company employees, contractors or interns if the items are for “internal company use.” Committee members said the exception wouldn’t be eligible for deemed exports to foreign nationals from Country Groups E:1 and E:2, which includes Cuba, Iran, North Korea and Syria.
CBP has begun drafting an announcement that will require shippers to use electronic export manifests (see 2003110038) for all ocean, air and rail shipments, said Jim Swanson, CBP’s director of the Cargo and Security Controls Division. While the agency doesn’t yet have a firm effective date, he said CBP is finally working on regulatory changes that would mandate those electronic filings and expects to issue Federal Register notices in “the next several months.”
The Commerce and Treasury departments fined a Dubai energy equipment supplier and its U.S. affiliate more than $430,000 for illegally exporting goods to Iran, the agencies said July 19. The U.S. fined Dubai-based Alfa Laval Middle East (AL Middle East) $415,695 for exporting Gamajet brand storage tank cleaning units from the U.S. to Iran and fined Virginia-based Alfa Laval (AL U.S.) $16,875 because its subsidiary referred an Iranian “business opportunity” to AL Middle East, according to enforcement orders issued this week.
The U.S. released an advisory to highlight the sanctions and export controls risks for companies doing business in Hong Kong and announced a new set of Hong Kong designations July 16. The advisory, issued by the State, Treasury, Commerce and Homeland Security departments, describes “considerations” for businesses operating in “this new legal landscape,” which includes several sanctions regimes targeting Beijing and Hong Kong.
President Joe Biden nominated Alan Estevez, a former Obama administration Pentagon official, to lead the Bureau of Industry and Security, the White House announced July 13. Estevez is currently a defense and security consultant with Deloitte Consulting after serving as the principal deputy undersecretary of defense for acquisition, technology, and logistics and representing the Defense Department on the Committee on Foreign Investment in the U.S. Estevez didn’t respond to a request for comment.
The House Appropriations Committee released its draft proposals for funding the Commerce Department and the Office of the U.S. Trade Representative. It wants to spend $577.4 million on the Commerce Department's International Trade Administration, $36.4 million more than the current fiscal year's spending, a 6.7% increase. It wants to spend $143.4 million on the Bureau of Industry and Security, up $10.4 million from the current year, a 7.8% increase.
The Bureau of Industry and Security added 34 entities under 43 entries to Entity List, BIS said in a final rule. Fourteen of those entities are based in China and “have enabled Beijing’s campaign of repression, mass detention, and high-technology surveillance against Uyghurs, Kazakhs, and members of other Muslim minority groups in the Xinjiang Uyghur Autonomous Regions of China (XUAR), where the PRC continues to commit genocide and crimes against humanity,” the Commerce Department said in a news release. Another five of the entities were “directly supporting PRC’s military modernization programs related to lasers and C4ISR programs, Commerce said.
The State Department’s Directorate of Defense Trade Controls significantly increased its end-user checks from 2019 to 2020, partially because the agency was able to dedicate more resources to its Blue Lantern program after it transferred certain gun export controls to the Commerce Department last year. In its annual Blue Lantern report released July 6 -- which details the agency’s end-use monitoring efforts on controlled defense articles and services -- DDTC said it initiated checks on 272 export licenses or applications during the 2020 fiscal year, an increase of more than 45% from 2019.
The Bureau of Industry and Security will add four Myanmar entities to the Entity List July 6 for their support of the country’s Ministry of Defense, including through funding and the provision of telecommunications services, the agency said in a notice. BIS will also correct the address for an existing Myanmar entity on the list. The companies “pose a significant risk of being or becoming involved” in activities contrary to U.S. national security and foreign policy interests, BIS said, adding that the license restrictions will support U.S. efforts to return democracy to Myanmar.
The Census Bureau is considering a proposed rule that would require export filers to declare the country of origin for foreign products included in certain transactions. The agency considered the change about five years ago but has recently returned to the idea and expects to issue a proposal “soon,” said Omari Wooden, a senior Census official. “It’s something that's on the horizon,” Wooden said, speaking during the American Association of Exporters and Importers annual conference June 30. “You'll probably be seeing more information about that soon.”