The Bureau of Industry and Security should clarify a number of items related to its new upcoming export controls on certain electronic computer-aided design (ECAD) software (see 2208120038 and 2208250036), including its definition for “specially designed,” semiconductor companies told the agency in comments this month. BIS should also consider updating other areas of the control, some said, including making it eligible for License Exception TSR (Technology and software under restriction).
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.
A technical advisory committee may ask the Bureau of Industry and Security to allow quarterly filings in the Automated Export System for certain exports to China, Russia and Venezuela. The change could make certain AES filings more efficient, members of the Transportation and Related Equipment Technical Advisory committee said during a Sept. 21 meeting.
The Federal Maritime Commission has received nearly 100 charge complaints and numerous questions related to the Ocean Shipping Reform Act since its enactment earlier this year, FMC official Lucille Marvin said during a Sept. 21 FMC meeting. She also said the agency is making progress on a range of OSRA provisions and other agency priorities, including one that will result in a set of best practices for chassis pools and another that will formally propose new demurrage and detention billing requirements.
Two senators plan to introduce a bill that would impose mandatory sanctions against any foreign financial entity not complying with the G-7's and EU’s upcoming price cap on Russian oil. The bill, which is still being drafted, has bipartisan support on Capitol Hill but not from the Treasury Department, with one official suggesting the legislation is unnecessary.
The Bureau of Industry and Security this week updated its restricted aircraft list by adding three Iranian-owned and operated planes for violating U.S. export controls after they provided flight services to Russia. The planes -- owned by Mahan Air, Qeshm Fars Air and Iran Air -- are the first Iranian aircraft added to the list and are now subject to certain maintenance and repair restrictions and other prohibitions outlined in General Prohibition 10 of the Export Administration Regulations.
A Bureau of Industry and Security official last week confirmed the agency sent letters to specific companies restricting their ability to export certain artificial intelligence-related chips to China, and said more restrictions may be coming. In the agency’s first public comments on the matter, Thea Kendler, BIS’s assistant secretary for export administration, said the agency hopes the letters help inform industry about the types of exports the agency is scrutinizing.
The Bureau of Industry and Security this week announced a host of measures to expand its export restrictions against Russia and Belarus, including an expansion of its Russian industry sector sanctions to add new export controls on lower-level items. The agency also expanded its military and military intelligence end-user controls, applied its Russian-Belarusian MEU foreign direct product rule to additional entities, added additional dollar value exclusion thresholds for certain luxury goods exports and more.
The Bureau of Industry and Security is on pace to detain almost as many exports to Russia this year as the agency detained in 2021 for the entire world, said Matthew Axelrod, the agency’s top export enforcement official. In the six months since Russia's invasion of Ukraine, he said, the U.S. has detained nearly 240 shipments to Russia worth more than $93 million.
President Joe Biden this week signed the first executive order to give specific presidential direction to how the U.S. conducts foreign direct investment reviews, a move officials hope will sharpen the country's focus on sensitive technologies, personal data and other national security-related issues.
The State Department is prioritizing work on several new rules to amend the International Traffic in Arms Regulations, including updates to multiple U.S. Munitions List categories and revisions to the agency’s exempted technologies list (ETL), an agency official said this week.