BIS to Issue Rolling Set of China Export Control FAQs, Official Says

The Bureau of Industry and Security received more than 150 questions ahead of its Oct. 13 public briefing on its new China-related export controls (see 2210070049) and plans to issue guidance for the restrictions on a rolling basis, senior BIS official Thea Kendler said during the briefing. She said guidance will include frequently asked questions that the agency will look to continually update on a “rolling” basis. “Let me assure you that we understand the need for speed in issuing FAQs,” Kendler said.

Kendler -- who used the briefing to describe various effective dates for the new rules, the scope of the restrictions and why the U.S. sought to impose the controls -- also stressed that “engagement on these controls” with U.S. allies is a “priority.”

“We at BIS continue to coordinate our export controls with partner countries,” said Kendler, the agency’s assistant secretary for export administration. “We recognize that multilateral controls are more effective than unilateral controls.” She said BIS will seek multilateral controls through the Wassenaar Arrangement on all new Export Control Classification Numbers added to the Commerce Control List by the rule.

She also said BIS hopes exporters make use of the new model certificate introduced by the rule, which may help companies comply and conduct due-diligence on customers and items that may be subject to the new restrictions. “This is not a required step, and it doesn't remove the need to know your customer and conduct your own due diligence,” Kendler said. “But our hope is that using [the] supply chain certification will ease and facilitate movement of items through the supply chain.”

BIS plans to publish a recording of the briefing within seven business days.