An investment and research firm expects the Bureau of Industry and Security to issue several proposed rules for export controls related to semiconductors this fall and said BIS is considering other restrictions on certain Chinese technology companies. In a Sept. 17 report, the Cowen Washington Research Group said BIS is “likely” to soon issue several notices of proposed rulemaking to request industry comment on new controls for semiconductor capital equipment, mostly so the U.S. is prepared with new proposals for the next Wassenaar Arrangement cycle.
President Joe Biden issued an executive order last week authorizing a range of sanctions and export restrictions against human rights abusers and other people committing violence, blocking humanitarian aid or threatening peace in Ethiopia. The new sanctions regime can target the Ethiopian and Eritrean government and several military groups in the region, including the Ethiopian National Defense Forces, the Eritrean Defense Forces, the Tigray People’s Liberation Front and Amhara regional forces, and others supporting those groups and people. In addition to asset freezes, the order authorizes the Treasury Department to work with other agencies to deny export licenses for certain goods and technology to people or entities sanctioned under this regime.
The Committee on Foreign Investment in the U.S. granted a request from Magnachip Semiconductor Corp. and Wise Road Capital to withdraw and resubmit their initial CFIUS filing, Magnachip said in a Sept. 14 filing with the Securities and Exchange Commission. This will allow the two companies more time for “further discussion” with CFIUS about potential pathways to mitigate the national security risks CFIUS had identified in the merger. CFIUS’s new review period for the merger began Sept. 14 and will conclude no later than Oct. 28, the committee told Magnachip in a Sept. 13 letter. CFIUS may extend the review period if warranted.
The Census Bureau hopes to release its new online voluntary self-disclosure portal (see 2103100022) by the year's end or early January, said Kiesha Downs, chief of Census’ Foreign Trade Division’s regulations branch. Downs, speaking during the Commerce Department’s Sept. 14 Regulations and Procedures Technical Advisory Committee meeting, said Census has been overwhelmed lately by a large number voluntary disclosures -- partly because the branch has lost some staff (see 2106080058) -- and hopes the new portal will help.
The Bureau of Industry and Security should establish a blanket exemption for U.S. people and companies to participate in standards-setting bodies that have members designated on the Entity List, industry officials said. Although BIS has been working on a final rule (see 2012150037) that would clarify how export restrictions apply to the release of controlled technology at standards-setting organizations, officials from the telecommunications industry and other technology sectors are unsure how the rule’s final language will read and are concerned some of the agency’s restrictions, which they view as unnecessary, may continue.
The Bureau of Industry and Security this week sent a final rule for interagency review that would expand export controls on certain biological equipment software. The rule, received by the Office of Information and Regulatory Affairs Sept. 13, would amend the Commerce Control List by adding a new Export Control Classification Number to control software “for the operation of automated nucleic acid assemblers and synthesizers” that are “capable of designing and building functional genetic elements from digital sequence data.”
The Census Bureau hopes to soon announce a final decision on whether it will eliminate export filing requirements for shipments to Puerto Rico and the U.S. Virgin Islands, an issue it has considered for months as officials have searched for alternative sources to collect the export data (see 2104230025). But the agency hasn't been able to find a legitimate substitute for the data and seems unlikely to eliminate the restrictions, especially over strong objections by the Commerce Department’s Bureau of Economic Analysis.
Despite recent steps by the White House and the Federal Maritime Commission to address supply chain issues hampering agricultural exporters, the problems are worsening, trade groups said this week. Carriers are increasingly declining or canceling export bookings, ship delays are backlogging orders by months and agricultural exporters are seeing steep drops in revenue due to continually rising container costs, 76 trade associations said.
The Office of Foreign Assets Control fined a Texas hardware and software company more than $180,000 for illegally exporting goods, technology and services that were intended to be used in Iran, OFAC said Sept. 9. The company, NewTek, which develops and supplies live production and 3D animation hardware and software systems, voluntarily self-disclosed its 52 violations of the Iranian Transactions and Sanctions Regulations. OFAC said the company didn’t have an export control or sanctions compliance program.
U.S. penalties for illegal exports to China have risen dramatically this year compared with last, with about $6 million in fines handed out already, said Jeremy Pelter, the acting undersecretary for the Bureau of Industry and Security. Pelter told a bipartisan congressional commission this week that the agency during the 2021 fiscal year has issued about $1.86 million in criminal fines and more than $4 million in civil fines, skyrocketing past 2020’s penalties, which totaled about $60,000.