The Bureau of Industry and Security should have given its technical advisory committees more time to review its new chip controls before they were published in October (see 2210070049), which would have helped BIS mitigate unintended consequences for a dense and complex set of restrictions, a chip industry official and an advisory committee member said this week. The semiconductor industry also wished BIS had first proposed some of the restrictions for public comment before making them final, the official said, or delayed the effective date to give companies more time to decipher the rules, especially surrounding the new U.S.-persons restrictions.
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 isn’t preparing any “imminent” emerging technology export controls on artificial intelligence items, Hillary Hess, the agency’s regulatory policy director, said during a technical advisory committee meeting this week. She also denied an industry rumor the U.S. is preparing to issue a set of sweeping, advanced AI controls, similar to the semiconductor restrictions against China that were released in October.
The Bureau of Industry and Security issued a 180-day temporary denial order this week against three people and two companies for illegally sending controlled exports to Russia as part of a Moscow-led sanctions evasion scheme. Along with the denial order, DOJ indicted the three people, along with others, on charges related to the illegal exports, including money laundering, wire fraud, bank fraud and conspiring to defraud the U.S.
The U.S. and the EU didn’t appear to make much progress on export controls, investment screening and other pivotal areas of cooperation at the latest Trade and Technology Council meeting this month, experts with the Center for Strategic and International Studies said during a Dec. 12 event. The two sides still look to be closely aligned on Russia controls and sanctions, the speakers said, but until the TTC announces more concrete measures, it remains unclear how similarly they view restrictions on China.
The U.S. should prepare a range of economic and financial restrictions against China to deter it from invading Taiwan, including new sanctions against Chinese banks and outbound investment restrictions on Chinese technology sectors, said Sen. Dan Sullivan, R-Alaska. Sullivan said the sanctions should “go far beyond what has been imposed on Russia” and make clear to Beijing that “no corner of its economy will be left untouched by sanctions.”
As the EU and the U.S. look to impose new export controls on emerging technologies, they should also pursue efforts to remove outdated emerging tech export restrictions that are no longer effective, said Magnus Nordeus, of Digital Europe, a trade policy group, speaking during the EU’s annual export control forum last week. Nordeus said the two sides should “add an ongoing de-control review” to make sure trade policies aren’t unnecessarily placing U.S. and EU industry at a disadvantage compared with foreign companies.
Major ocean carrier MSC violated U.S. shipping regulations because of its unreasonable demurrage practices, U.S. metal trader CCMA said. In a complaint to the Federal Maritime Commission released this week, CCMA said it was assessed more than $114,000 in unfair demurrage fees by MSC, which levied the charges despite the containers being subject to a government hold and unavailable for pickup. The FMC should order MSC to pay CCMA reparations for its “unlawful conduct,” the complaint said.
The Bureau of Industry and Security this week renewed the temporary denial order (TDO) for three U.S. companies for their involvement in illegally exported technical drawings and blueprints to China (see 2206080068). The order, issued in June, was renewed for another 180 days, BIS said Dec. 5, partly because the agency found possible evidence of additional export violations.
The U.K. is looking to expand its Russia sanctions to target additional services in a bid to further damage the country’s military and economy, said Ros Lynch, the U.K.’s deputy director for sanctions policy. Lynch, speaking during the EU’s annual export control forum this week, said the U.K. already has imposed restrictions on some legal advisory, engineering and consulting services (see 2210030016) but said more needs to be done, including by other G-7 countries.
The Bureau of Industry and Security is adding 24 companies to the Entity List for participating in a range of illegal exports, including efforts to aid Russia’s military, supply export-controlled items to Iran or support Pakistan’s nuclear activities, the agency said in a final rule released Dec. 7. The additions include entities located in Latvia, Pakistan, Russia, Singapore, Switzerland and the United Arab Emirates. BIS also removed one company from the Entity List.