The U.S. and the EU are making progress on more closely aligning their encryption-related export controls, a senior Bureau of Industry and Security official said last week, along with differences in export licensing and classification.
Companies should avoid internal policies that require them to disclose all potential sanctions and export control violations to the government, lawyers with Foley Hoag said this week. Although it may seem like a sound compliance policy, the lawyers said that language can backfire, including in cases where a voluntary disclosure may not be the best option.
Companies should expect the Bureau of Industry and Security to announce new export controls this year restricting certain U.S. person activities involving military and military intelligence end uses and end users, a former BIS official said.
The leaders of the Senate Homeland Security and Governmental Affairs Subcommittee on Emerging Threats and Spending Oversight have asked the Government Accountability Office to assess the effectiveness of new export controls aimed at preventing China from obtaining advanced computing chips and the equipment to manufacture them.
The European Commission this week released a package of proposals that could lead to new restrictions for a host of transactions involving dual-use technologies, including by expanding the bloc’s screening of inbound investments, improving export control coordination among member states and studying the possibility of new outbound investment restrictions.
The two authors of a bipartisan bill to boost U.S. technology competitiveness were lukewarm this week about the prospect of allocating more export control resources to the Commerce Department and stopped short of promising it more money, with one calling on the agency to be more efficient with what it has. And while they said they support Commerce’s updated China-related semiconductor export controls, they also said the U.S. should devote as much attention to expanding trade with close allies as it does to restricting trade with adversaries.
A 2022 Bureau of Industry and Security policy change has continued to lead to improved Chinese cooperation with BIS end-use checks, an agency official said Jan. 23.
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The Bureau of Industry and Security this week expanded its export controls against Russia and Belarus to cover a broader range of items and Harmonized System codes, including more industrial materials and aircraft parts. The agency also added new controls to better restrict exports used in Iran’s drone production, revised the de minimis treatment for certain military and spacecraft-related items, added a new license requirement exclusion and more.
Although U.S. lawmakers have called on the Biden administration to develop a set of sanctions it could immediately impose against China if Beijing were to invade Taiwan, experts told a think tank this week that it remains unclear how exactly the U.S. would respond, including whether it would use military force.