The Department of Justice may issue severe penalties in the future for foreign hacking that violates U.S. export controls despite the “lenient” deferred prosecution agreement it announced in September (see 2109150031), national security lawyers said. Companies shouldn't expect that case to signal the start of a trend of minor penalties for hacking, the lawyers said, and should be especially cautious before providing cyber services to foreign governments.

The Treasury Department expects to issue more crypto-related sanctions and allocate more resources to better target the digital assets of cybercriminals, Treasury Deputy Secretary Wally Adeyemo said. Speaking during a Center for a New American Security Event event last week, Adeyemo also said the agency is placing a high priority on multilateral designations and is hoping to better understand trading partners’ concerns about U.S. secondary sanctions.

Export controls may prevent some hurdles in the investment and development of emerging quantum computing technologies, the Government Accountability Office said in an Oct. 19 report. Controls may limit some U.S. trade, prevent U.S. quantum technology companies from collaborating with other countries and deter U.S. firms from employing highly skilled foreign workers, the GAO said.

The Bureau of Industry and Security approved more than a combined $100 billion worth of export licenses for shipments to Huawei and Chinese top chipmaker SMIC from November 9, 2020, through April 20, 2021, according to documents released Oct. 21 by the House Foreign Affairs Committee. BIS said it approved 113 licenses for Huawei -- about 70% of the total license applications it received -- for more than $61 billion worth of goods during that time period. The agency also approved 188 licenses for SMIC -- about 90% of the total it received -- for more than $41 billion worth of exports.

The Bureau of Industry and Security is proposing to clarify and expand restrictions on using License Exception Strategic Trade Authorization (see 2109130013), which it hopes will reduce exporter “confusion” and better control certain sensitive technologies, BIS said Oct. 21.

Tariffs imposed on goods from China during the previous administration likely contributed to the ongoing chip shortage, though an increasing demand and port congestion are bigger factors, Commerce Secretary Gina Raimondo and Sen. Todd Young, R-Ind., said. Speaking during an Oct. 20 event hosted by The Washington Post, both underscored the severity of the supply chain crisis and said lawmakers should move faster to pass legislation that would provide more funding to the semiconductor industry.

The Bureau of Industry and Security will issue new export controls on certain cybersecurity items and create a new license exception for those exports, BIS said in an interim final rule released Oct. 20. The rule, which will align U.S. cybersecurity restrictions with controls previously agreed to at the multilateral Wassenaar Arrangement, will establish more restrictions on certain items that can be used for “malicious cyber activities” by imposing a license requirement for shipments to certain countries, BIS said. The changes take effect Jan. 19, and BIS will accept public comments until Dec. 6.

The Treasury Department presented the results of its monthslong sanctions review (see 2107200024, 2107060012 and 2106220037) to the Senate Banking Committee Oct. 19, detailing how it hopes to better coordinate designations with trading partners and establish more modern, effective sanctions regimes. Although some senators applauded the agency’s commitment toward revising its sanctions approach, others questioned Deputy Secretary Wally Adeyemo about what they said have been several U.S. sanctions failings, including the administration's policies toward Nord Stream 2 and China’s reported purchases of Iranian oil.

Export Compliance Daily is providing readers with the top stories for Oct. 11-15 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.

RANCHO MIRAGE, California -- The Commerce Department and CBP will soon deploy a new feature in the Automated Export System to automatically warn filers if they are exporting a controlled item without a license, a BIS official said. The agencies hope to launch the feature -- which should help exporters, freight forwarders and carriers better conduct due diligence -- in the next few months, said Richard Sylvestri, a senior export administration analyst in the Bureau of Industry and Security's Western Regional Office.