The U.S. should allow research labs working on sensitive technologies, including artificial intelligence, to continue operations in China despite new export controls limiting their activities, technology policy experts said in a report this week. They also said the U.S. should create a new research security institution to help academia and industry work through “ethically or geopolitically difficult questions” on research security.
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.
Members of the U.K. Parliament are lobbying for the creation of a “dedicated select committee” on arms export controls. The current committee structure doesn’t allow lawmakers to devote enough time and resources to export control issues, they said, and limits their ability to scrutinize government export regulations, including licensing and control decisions.
The Office of Foreign Assets Control published guidance this week on a September general license that expanded the types of internet and communications services and exports that can be provided to Iran (see 2209230037). General License D2 made several “key changes” to GL D1, OFAC said in a new frequently asked question, including language to “expand and clarify the range” of U.S. software and services that can be provided to Iranians.
The Federal Maritime Commission should amend its proposed rule on unreasonable carrier conduct to better address carriers that refuse to carry exports in favor of imports (see 2209130040), USDA Secretary Tom Vilsack said. In a letter released by the FMC this week, Vilsack said the commission should broaden the proposed definition for unreasonable refusal to negotiate or deal, “significantly narrow” its guidance on reasonable refusals and better “encourage specific actions by carriers to guard against unreasonable refusals.”
The Federal Maritime Commission published its fall 2022 regulatory agenda, including mentions of several rules surrounding carrier practices, billing requirements and discriminatory shipping practices that it had hoped to issue in December. At least one of the rules was governed by a statutory deadline set for last month under the Ocean Shipping Reform Act.
The State Department published its fall 2022 regulatory agenda, including planned publication dates for rules to amend the U.S. Munitions List, revise defense trade regulations surrounding the definition of a “regular employee” and expand the types of defense articles and services that can be exported to certain close U.S. allies.
The State Department’s Directorate of Defense Trade Controls released an update last week to its guidance for U.S. persons providing defense services abroad. The documents include an updated guidance for U.S. persons abroad (USPAB) authorization requests, a new sample certification letter for USPAB authorization requests, a new USPAB submission letter template and an updated set of frequently asked questions.
A revision to U.S. export regulations included in the fiscal year 2023 defense spending bill could lead to new end-use screening obligations for U.S. people and companies operating abroad, Akin Gump said in a Jan. 5 client alert. Although it remains unclear how and when the Bureau of Industry and Security will implement the change, the law firm said it could lead to new restrictions on activities that support foreign military, security or intelligence services even if the activity doesn’t involve technology subject to the Export Administration Regulations.
The Commerce Department published its fall 2022 regulatory agenda for the Bureau of Industry and Security, including one new rule that will finalize new chip export controls against China and others that could revise chemical weapons reporting requirements, the Export Administration Regulations and the Entity List.
The U.S. may consider new export controls to better prevent U.S. parts and components from being used in Iranian drones delivered to Russia, State Department spokesperson Ned Price said this week. Price's comments came the same day CNN reported that parts manufactured by more than a dozen U.S. and Western companies were found in an Iranian drone struck down in Ukraine last year.