The Bureau of Industry and Security have outlined a series of increased restrictions on exports to Myanmar, including a more strict licensing policy and the suspension of certain license exceptions. The changes, described by the Commerce Department last week and effective Feb. 18, came after President Joe Biden authorized sanctions and ordered stronger export controls for shipments to the country’s military after it overthrew the government earlier this month (see 2102110020).
Rep. Michael McCaul, R-Texas, said the Bureau of Industry and Security isn’t complying with congressional oversight requirements because it hasn’t yet provided him with information about its China licensing process that he requested in November. After McCaul requested “detailed information” on how BIS licenses U.S. technology to Chinese entities, BIS told him the data was “too difficult and time-consuming to compile,” McCaul said Feb. 16. But McCaul said BIS allowed “the same information to be shared with the media,” referencing a Feb 11 Reuters report on Huawei restrictions (see 2102120008). McCaul called BIS’s actions “completely inappropriate and only furthers my concerns that BIS has not woken up to the growing threat of the Chinese Community Party.” A BIS spokesperson didn’t comment.
Among the potential candidates to head the Bureau of Industry and Security is James Mulvenon, a Chinese technology expert at the aerospace company SOS International, the Wall Street Journal reported Feb. 11. Mulvenon is expected to be considered for the undersecretary role along with Kevin Wolf (see 2102090060), an export controls lawyer and a former BIS official, and could bring a more hard-line stance on U.S. technology exports to China, the report said.
Although the Treasury’s Office of Foreign Assets Control saw a decrease in total sanctions settlements last year, the agency increased its output of sanctions guidance and advisories, shedding more light on OFAC’s compliance expectations, sanctions lawyers said. Lawyers also said the agency flexed its enforcement jurisdiction by pursuing penalties against a variety of industries beyond large commercial banks, a trend that should continue this year.
The U.S. on Feb. 11 announced sanctions and export controls targeting the Myanmar military, defense ministry and security services after it carried out a coup earlier this month (see 2102100060). The White House also issued an executive order outlining a new Myanmar sanctions regime and said more restrictions will be imposed “in the coming days.”
Kevin Wolf, a former Commerce Department official, said he has not been contacted by the Biden administration about heading the Bureau of Industry and Security, despite a Feb. 6 report in the Financial Times that said Wolf is viewed as a front-runner. “I have no information,” Wolf said Feb. 8. “I do not know who [Biden] will nominate.” Wolf served as Commerce’s assistant secretary for export administration under the Obama administration before joining Akin Gump as an export control and trade lawyer. The report said Biden has yet to name his choice for BIS undersecretary. The White House didn't comment.
Industry should expect the Biden administration’s review of Trump-era China policies -- including export controls and licensing decisions -- to take two to three months, trade lawyer Peter Lichtenbaum said. He also said the Bureau of Industry and Security will continue to adhere to the Trump administration's strict Huawei licensing policy until it’s changed by incoming political appointees, which has not yet happened.
Commerce secretary nominee Gina Raimondo was asked several times in written questions from senators after her hearing about how she would balance the need to prevent cutting edge technologies from being shared with adversaries but also allow U.S. semiconductor manufacturers to compete with foreign companies that don't have the same restrictions on selling chips.
Electronic Export Information requirements for Puerto Rico treat the territory like a foreign country, unnecessarily burden U.S. shippers and go against the wishes of the Puerto Rican people and government, said Mike Mullen, executive director of the Express Association of America. Speaking on a Jan. 28 call hosted by a Commerce Department advisory committee, Mullen said the EAA spoke with a member of President Joe Biden's transition team in early January about eliminating the filing requirements.
More foreign investors are opting to submit a filing with the Committee on Foreign Investment in the U.S. out of an abundance of caution, even when there is no mandatory filing requirement, George Grammas, a trade lawyer with Squire Patton, said. Grammas said “sophisticated” investors are especially likely to file before the investment is complete, particularly as CFIUS continues a trend of reviewing years-old investments.