The Energy Department issued a final rule this month that will allow it to impose monetary penalties for illegal exports of certain nuclear items, including technology. The rule implements a provision in the FY 2019 National Defense Authorization Act that clarified DOE’s ability to impose penalties for violations of Part 810 of the Atomic Energy Act, the agency said, which places controls on exports of “unclassified nuclear technology and assistance.” The agency also issued a set of frequently asked questions to provide guidance on the change.
The U.K. last week declined requests from Parliament to disclose more information about export control violations, saying it doesn’t believe the transparency will aid compliance or boost voluntary disclosures. The U.K. also said it’s bound by certain “confidentiality” requirements, including rules that limit the Department for International Trade’s Export Control Joint Unit (ECJU) from releasing names of companies that have violated export restrictions.
The Bureau of Industry and Security finalized new export controls on four dual-use marine toxins after the restrictions were agreed to at the multilateral Australia Group (AG). BIS also announced other export control changes made by the AG, including revisions to clarify controls on certain “genetic elements and genetically modified organisms” and the “scope of the exclusion that applies” to certain medical isolators. The agency also updated the “nomenclature” of certain bacteria and fungi, and clarified the definition of “disinfected” as it applies to certain biological equipment. The changes take effect Jan. 17.
Members of the U.K. Parliament are lobbying for the creation of a “dedicated select committee” on arms export controls. The current committee structure doesn’t allow lawmakers to devote enough time and resources to export control issues, they said, and limits their ability to scrutinize government export regulations, including licensing and control decisions.
The U.S. should allow research labs working on sensitive technologies, including artificial intelligence, to continue operations in China despite new export controls limiting their activities, technology policy experts said in a report this week. They also said the U.S. should create a new research security institution to help academia and industry work through “ethically or geopolitically difficult questions” on research security.
The Office of Foreign Assets Control published guidance this week on a September general license that expanded the types of internet and communications services and exports that can be provided to Iran (see 2209230037). General License D2 made several “key changes” to GL D1, OFAC said in a new frequently asked question, including language to “expand and clarify the range” of U.S. software and services that can be provided to Iranians.
The Federal Maritime Commission should amend its proposed rule on unreasonable carrier conduct to better address carriers that refuse to carry exports in favor of imports (see 2209130040), USDA Secretary Tom Vilsack said. In a letter released by the FMC this week, Vilsack said the commission should broaden the proposed definition for unreasonable refusal to negotiate or deal, “significantly narrow” its guidance on reasonable refusals and better “encourage specific actions by carriers to guard against unreasonable refusals.”
The Federal Maritime Commission published its fall 2022 regulatory agenda, including mentions of several rules surrounding carrier practices, billing requirements and discriminatory shipping practices that it had hoped to issue in December. At least one of the rules was governed by a statutory deadline set for last month under the Ocean Shipping Reform Act.
The State Department published its fall 2022 regulatory agenda, including planned publication dates for rules to amend the U.S. Munitions List, revise defense trade regulations surrounding the definition of a “regular employee” and expand the types of defense articles and services that can be exported to certain close U.S. allies.
A revision to U.S. export regulations included in the fiscal year 2023 defense spending bill could lead to new end-use screening obligations for U.S. people and companies operating abroad, Akin Gump said in a Jan. 5 client alert. Although it remains unclear how and when the Bureau of Industry and Security will implement the change, the law firm said it could lead to new restrictions on activities that support foreign military, security or intelligence services even if the activity doesn’t involve technology subject to the Export Administration Regulations.