Export Compliance Daily is providing readers with the top stories for Sept. 8-11 in case you missed them. You can find any article by searching on the title or by clicking on the hyperlinked reference number.
The Bureau of Industry and Security and the Census Bureau recently completed rules related to export controls and Electronic Export Information filing requirements, but they have not yet been published due to delays at the Federal Register office, officials said. A final rule from BIS will implement export control decisions stemming from the 2019 Wassenaar Arrangement plenary, including new restrictions on emerging technologies (see 2008100013). An advance notice of proposed rulemaking from Census will seek comments on removing certain EEI filing requirements for shipments to Puerto Rico and the U.S. Virgin Islands (see 2008110017 and 2006030043).
FedEx is considering appealing a Sept. 10 federal court decision (see 2009110038) that dismissed the shipping company’s lawsuit against the Bureau of Industry and Security, a FedEx spokesperson said. The company, which told the U.S. District Court for the District of Columbia that BIS was acting outside the authority of the Export Administration Regulations and was applying overly burdensome liability standards on carriers, said it still believes its arguments are valid. “FedEx respectfully disagrees with the court’s decision and is disappointed by this ruling,” the spokesperson said in a Sept. 11 statement, adding that the company is “considering our legal options, including appeal.”
The U.S. extended by one year a national emergency authorizing sanctions against foreign people and entities that interfere in U.S. elections, the White House said Sept. 10. The authority would have expired Sept. 12.
The Treasury Department issued its final rule to modify mandatory declaration requirements for certain transactions involving critical technologies and made several revisions in response to industry comments. The changes include technical revisions and clarifications related to exemptions and the timing of determining whether a party must submit a declaration.
Sen. Marco Rubio, R-Fla., urged the Committee on Foreign Investment in the U.S. to review the potential purchase of Pennsylvania-based GNC Holdings by Harbin Pharmaceutical Group, a state-controlled Chinese pharmaceutical company. Rubio said the purchase falls within CFIUS’s purview because it involves a Chinese company acquiring sensitive data on “millions” of GNC Holdings’ customers and retail locations “on and around military installations” across the U.S.
Two Senate Foreign Relations Committee Democrats urged the Treasury Department to impose updated Russia Magnitsky Act sanctions, saying the administration failed to announce a new round of designations last year. In a Sept. 9 letter, Bob Menendez of New Jersey and Ben Cardin of Maryland said new sanctions are overdue. “[O]ur expectation has been that [the Office of Foreign Assets Control] announces annual designations by the close of each calendar year,” the senators said. “[W]e still do not have the 2019 round of Russia Magnitsky designations from the Administration. To this effect, we urge the release of a robust and credible list of designations immediately.”
The U.S. District Court for the District of Columbia on Sept. 10 dismissed FedEx’s lawsuit against the Bureau of Industry and Security (see 1906250030), saying the shipping company failed to show that BIS was acting outside the authority of the Export Administration Regulations. The court also disagreed with FedEx’s claims that the agency was using the EAR to apply overly burdensome liability standards on carriers and impose penalties even when carriers do not have knowledge of violations.
The Bureau of Industry and Security should impose targeted export controls on specific facial recognition software but take care not to restrict the entire technology category, some of which can be used for benign purposes, IBM said. While some technologies are “clear use-cases that must be off limits” for export, such as artificial intelligence-powered software used for mass surveillance and human rights abuses, other technologies are safe for everyday uses, the company said.
The United Kingdom’s Office of Financial Sanctions Implementation on Sept. 9 renewed two designations under its terrorism and terrorist financing sanctions regime. OFSI renewed the designations for Colombia's Ejercito de Liberacion Nacional (National Liberation Army) and Peru's Communist Party, Sendero Luminoso, also known as Shining Path.