The Bureau of Industry and Security announced a range of updates to its export regulations stemming from agreements made during the 2021 Wassenaar Arrangement plenary meeting, including revisions to the Commerce Control List and the license exceptions Adjusted Peak Performance (APP) and Strategic Trade Authorization (STA). The agency also made several corrections to the Export Administration Regulations, including to align the scope of its Significant Item (SI) license requirements throughout the EAR.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The Bureau of Industry and Security announced a host of new export control actions aimed at further limiting Russia from sustaining its war effort against Ukraine, including additions to the Entity List, an expansion of the agency’s industry sector restrictions on both Russia and Belarus and new export controls against Iran to address its drone transfers to Russia. The measures, effective Feb. 24, add 86 new entities to the Entity List; place additional restrictions on commercial, industrial and luxury goods; impose new license requirements on “low-technology” items destined to Iran; create a new Iran Foreign Direct Product Rule, and more.
Japan and other G-7 countries should use the group’s trade ministers meeting later this year to push for a common set of export control standards across member states, which could help allied export control systems better respond to modern security and human rights issues, export control and technology policy experts said. In comments recently submitted to Japan’s Ministry of Economy, Trade and Industry, the experts said plurilateral controls by G-7 countries and other like-minded “techno-democracies” can address some issues the existing multilateral control regimes are hindered from tackling because of Russia’s membership (see 2211210005 and 2009290042).
The U.S. and its allies are planning a “renewed effort” to counter Russia’s sanctions evasion tactics, Treasury Deputy Secretary Wally Adeyemo said this week, speaking during a Feb. 21 event hosted by the Council on Foreign Relations. He said part of the effort will include new sanctions and export controls, more enforcement cooperation with allies and more direct conversations with companies that are still doing business with Russia.
As U.S. government regulators continue to face pressure from Congress to more quickly place export restrictions on emerging technologies, the Commerce Department and industry officials are grappling with the potential ethical consequences of controls on a technology that could have groundbreaking medical benefits.
The State Department’s International Traffic in Arms Regulations need “major reform” if the U.S. wants the Australia-U.K.-U.S. (AUKUS) partnership to succeed, Rajiv Shah, a fellow at the Australian Strategic Policy Institute, wrote Feb 16. AUKUS, which is aimed at allowing the three trade partners to better share sensitive defense technology, is being hindered by the ITAR, Shah said in his ASPI article, which too often “stymie[s] collaboration and innovation between allies” and provides “no obvious reduction in security risk.”
The Commerce Department and DOJ this week launched a new task force to “target illicit actors” and protect critical technologies from being acquired by “nation-state adversaries.” The Disruptive Technology Strike Force -- which will be led by Commerce’s Bureau of Industry and Security and DOJ’s National Security Division -- will focus on investigating and prosecuting criminal export violations, improving “administrative enforcement” of export controls, coordinating law enforcement actions and “disruption strategies” with U.S. allies and more.
Dutch chip company ASML may have violated export controls stemming from a data theft incident involving a now former employee, the company said in its 2022 annual report released this week. The semiconductor company also said it’s expecting the Netherlands to impose new export restrictions on advanced chip-related items to China but doesn’t expect the measures to take effect for “many months.”
A new set of recommendations previewed by a member of the Federal Maritime Commission this week could help carriers, ports, railroads and others better harmonize supply chain data and information sharing. Commissioner Carl Bentzel, speaking during a Feb. 15 Commerce Department advisory committee meeting, said he hopes to know this summer whether the FMC plans to move forward with a formal rulemaking.
The U.S., the EU and others can take steps to improve how they administer export controls, deliver guidance to industry and more efficiently target dangerous end users, experts said this week. One expert specifically called on the U.S. to revise the Entity List, which should better isolate the worst export control offenders.