A U.S. website infrastructure company said the Commerce Department determined not to penalize it after the company submitted a voluntary disclosure about potential export control and filing violations. Cloudflare, based in California, submitted disclosures last year (see 1909120065) to the Bureau of Industry and Security and the Census Bureau for making “incorrect” electronic export information statements and for allowing the export or “download of certain software prior to making required filings.” The company, in an Aug. 10 Securities and Exchange Commission filing, said its disclosures were “completed with no penalties” by Census in November and BIS in June.
The Bureau of Industry and Security released its long-awaited pre-rule for foundational technologies (see 2005190052), asking for industry feedback on the types of technologies BIS should target for potential export controls. The effort, which BIS is pursuing alongside restrictions for emerging technologies, seeks to pinpoint technologies that the agency said may warrant more strict controls.
The Bureau of Industry and Security added 60 entities to the Entity List, including 24 entities for helping the Chinese military build artificial islands in the South China Sea. BIS also designated entities in France, Hong Kong, Indonesia, Malaysia, Oman, Pakistan, Russia, Switzerland and the United Arab Emirates for a range of activities, including illegal exports to Iran, submitting false information to BIS, contributing to Russian biological weapons programs and more. BIS also revised five existing entries under Canada, Germany, Hong Kong, Iran and the UAE.
The Trump administration will likely continue to impose restrictions on transactions with large Chinese technology companies, particularly as the Committee on Foreign Investment in the U.S. places more scrutiny on Chinese investments involving personal data, trade lawyers said. Industry should prepare for more announcements similar to President Donald Trump’s executive orders on TikTok and WeChat (see 2008070024), one lawyer said.
The head of the Bureau of Industry and Security on Aug. 19 affirmed a more than $30 million penalty against a shipping company for export violations after ordering a judge to review the fine for being too high. Commerce Acting Undersecretary for Industry and Security Cordell Hull said in March the fine was perhaps disproportionate to the violations committed by Singapore-based Nordic Maritime Pte. Ltd and chairman Morten Innhaug (see 2003170040), but the judge “affirmed” the penalty. Although Hull said the administrative law judge’s “narrow analysis” for the reasoning behind the recommended penalty was “erroneous,” he said BIS will accept the fine. “BIS believes the penalty should be affirmed in its entirety,” Hull wrote.
The semiconductor industry was surprised by the U.S.’s increased restrictions on Huawei (see 2008170029) and expects significant short-term supply chain disruptions, industry officials and experts said in interviews. Officials also thought the initial version of the rule, issued in May (see 2005150058), was sufficient, and were frustrated that the Bureau of Industry and Security did not ask for feedback on the new requirements.
An Aug. 20 Office of the U.S. Trade Representative, Department of Agriculture and Department of Commerce virtual hearing on import competition in seasonal produce will include testimony from two Florida and three Georgia members of Congress, a representative of the office of a third Florida Congress member, Farm Bureau executives, and vegetable and berry farmers. It will also include trade groups and a company that oppose restrictions on Mexican produce, among them the Fresh Produce Association of the Americas, the San Diego Customs Brokers Association, and milk and corn exporters. The hearing is the second of two that were originally scheduled to take place in Florida and Georgia in April.
Flir Systems, a U.S.-based producer of thermal imaging cameras, is being investigated for possible export control violations, the company said in an Aug. 6 filing with the Securities and Exchange Commission. Flir said it voluntarily disclosed the potential violations to the State, Commerce and Justice departments in 2017.
The Department of Justice’s recent changes to its voluntary disclosure policies (see 1912130047) could lead to complications for companies and were met with backlash from other enforcement agencies, said Robert Clifton Burns, an export control lawyer with Crowell & Moring. The guidance, which outlined benefits for companies that disclose export control and sanctions penalties, can be interpreted as saying industry should first submit their voluntary disclosures to the Justice Department instead of to other agencies, Burns said.
The Bureau of Industry and Security on Aug. 17 added 38 Huawei affiliates to the Entity List and refined a May amendment to its foreign direct product rule, further restricting Huawei’s access to U.S. technology, the agency said in an Aug. 17 final rule. BIS also modified four existing Huawei entries on the Entity List, amended language in the Export Administration Regulations and said it will continue one cybersecurity-related authorization under its temporary general license for Huawei. The remainder of the license expired Aug. 13.