The U.S. should update its export control process, specifically around licensing, to better boost the competitiveness of the space industrial base, government officials and industry representatives said. Some in industry said U.S. companies often face burdensome licensing requirements compared with foreign competitors, which hurt their standing in global markets.
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 added seven Chinese entities to its Entity List for acquiring or attempting to acquire U.S. technology to support China’s “military modernization efforts.” All the entities -- which include six research institutes connected to China Electronics Technology Group, one of the country’s largest electronics companies -- will require a license for all items subject to the Export Administration Regulations. BIS will review license applications under a policy of presumption of denial. The additions took effect Aug. 24.
Businesses trading in and with the U.K. should prepare for a range of new border trade controls and procedures, including new phytosanitary measures and a revised trusted trader program, Institute of Export and International Trade experts said this week. While it’s unclear when some of the new measures will take effect, experts with the institute said traders can take steps now to make sure they comply with the regime.
As the Biden administration enacts legislation to bolster the green energy and semiconductor industries, the U.S. likely will see an influx of foreign investment in both sectors, which could lead to more filings with the Committee on Foreign Investment in the U.S., said Michael Considine, a Department of Energy official, speaking during a Vinson & Elkins webinar last week. He also expects some emerging clean-energy technologies to have dual-use capabilities, which also could trigger more CFIUS reviews.
China’s announcement this summer that it made progress in its chip technology doesn't necessarily mean there was a failure in U.S. export control policy, said Bill Reinsch, a senior export administration official during the Bill Clinton administration. Reinsch said it’s unclear if China’s new chip even exists and where Beijing received the equipment to produce it.
The U.S. and Taiwan this week agreed to soon begin trade talks under a new initiative aimed at increasing trade in goods and removing “discriminatory barriers,” the Office of U.S. Trade Representative said. The negotiations, which USTR said are set to begin “early this fall,” also will include discussions on trade facilitation measures, anti-corruption, agriculture, technology standards, digital trade, labor and non-market policies. The U.S. and Taiwan plan to “pursue an ambitious schedule” for the talks, Deputy USTR Sarah Bianchi said, adding the discussions will result in a “fairer, more prosperous and resilient 21st century economy.”
The Bureau of Industry and Security is looking to move forward with its May proposal for new export controls over four dual-use biological toxins (see 2205200017). The agency on Aug. 17 sent a final rule for interagency review that would implement the controls, which would apply to the marine toxins brevetoxin, gonyautoxin, nodularin and palytoxin. BIS said the toxins can be exploited for biological weapons purposes and the controls were proposed in May as unilateral restrictions because the Australia Group hadn't yet agreed to the controls. The agency received two public comments on the controls (see 2207190014).
The Bureau of Industry and Security this week issued a new set of frequently asked questions covering the Entity List, Russia-related export controls and Russia-related sanctions evasion.
The EU needs to better diversify its trading partners and reform its anti-coercion instrument to protect itself from Chinese sanctions, Hinrich Foundation researchers said in a report this week. The EU also should establish a new multilateral economic security office to study and better respond to sanctions and trade restrictions imposed by third countries, the report said.
The U.S. should better regulate the cryptocurrency industry to increase sanctions compliance, but not in a way that inhibits innovation, companies and trade groups told the Treasury Department in comments released this month. Some commenters said Treasury should issue more guidance to help firms better understand their compliance obligations and help digital assets from being used to evade global sanctions.