Export Controls

For the first time in fifteen years, the State Department proposes to revise and increase the registration fees charged to those required to register with DDTC. During the 45-day public comment period, the feedback, primarily from individuals and small businesses, raised concerns about the financial burden on small enterprises, barriers to entry, and the disproportionate impact on manufacturers who must register to meet private-sector contracting requirements.

The Bureau of Industry and Security (BIS) is seeking public comments on the impact that implementation of the Chemical Weapons Convention (CWC), through the Chemical Weapons Convention Implementation Act of 1998 and the Chemical Weapons Convention Regulations (CWCR), has had on commercial activities involving “Schedule 1” chemicals during calendar year 2024. Schedule 1 chemicals are chemicals that are considered a high risk to the Chemical Weapons Convention (CWC) and have little to no peaceful use. They include chemicals that have been used as weapons, such as sarin, mustard, VX, and ricin, as well as precursor chemicals that can be used to produce these chemicals

Bureau of Industry and Security (BIS) issued a final rule cementing the procedures it will follow in investigating foreign adversary threats to information and communications technology and services (ICTS) transactions that may harm U.S. national security

Among other actions, the semiconductor equipment related controls announced Monday include amendments to the Temporary General Licenses (TGL) in the Export Administration Regulations (EAR). An update has been made to AES to revise License Code C65 “Temporary General License” (TGL) permitting certain parts, components or equipment. New controls on high-bandwidth memory units under ECCN 3A090.c, and also creates a License Exception High Bandwidth Memory (HBM). A new License Exception Restricted Fabrication Facility (RFF)

Commerce’s Bureau of Industry and Security (BIS) announced a package of rules designed to further impair China’s capability to produce advanced-node semiconductors that can be used in the next generation of advanced weapon systems and in artificial intelligence and advanced computing. In response, the Chinese government imposed further restrictions on the export of "dual use" commodities banning sales of gallium, germanium, antimony and tightening controls on graphite exports. The BIS controls target some, but not all affiliates of chip manufacturers SMIC and Huawei, as well as semiconductor manufacturing equipment manufacturers in the PRC.

On November 26, 2024, the Department extended the temporary modification of the Note to paragraph (h)(1) of USML Category VIII with regard to certain commodities used in the KF-21 aircraft or variants thereof.  

Commerce’s Bureau of Industry and Security (BIS) published a final rule imposing new controls on exports, reexports, and transfers (in-country) involving six key categories of items – some of which were previously controlled for nuclear nonproliferation reasons – to Pakistan to address diversion concerns.

Deep in the 782 Page annual doorstop prepared by the commission  are sections of interest on export controls and the regulation of outbound investment.

The Defense Trade Advisory Group (DTAG) will meet in open session from 1 p.m. until 5 p.m. on Wednesday, December 4, 2024. This meeting will be held virtually via Zoom or Webex. The virtual forum …

The State and Commerce Depaertments have extended the comment periods for their revisions to the EAR and ITAR governing Space - Related Export Controls.

House China Hawks wrote letters Friday to industry leaders in semiconductor manufacturing equipment (SME), regarding their businesses' sales to the People’s Republic of China (PRC). "The …

The regulators responsible for drafting the biggest rulemaking changes to space-related export controls briefed stakeholders on the initiative,, addressed some initial questions, and urged engagement through comments as the rules are finalized. The November 6 presentation included officials from the State Department, Commerce and NASA who shared their perspectives on their remits. The event finished with a review of some questions submitted by stakeholders.

On Wednesday, November 6, the Department of Commerce (DOC) will host a public meeting to discuss the four space export control rulemakings released by DOC and the State Department on October 17, 2024. The meeting will feature speakers from the State Department’s Directorate of Defense Trade Controls (DDTC), and DOC’s Bureau of Industry and Security (BIS). …

Bureau of Industry and Security (BIS) imposed a civil penalty of $500,000 against GlobalFoundries U.S. Inc., a semiconductor wafer manufacturing company headquartered in Malta, New York, and its subsidiary, GlobalFoundries U.S. 2 LLC (collectively, “GlobalFoundries”). The penalty relates to GlobalFoundries’ shipments of semiconductor wafers valued at approximately $17.1 million to SJ Semiconductor (SJS), a company on the BIS Entity List, without the requisite license or other authorization from BIS.

Reports that Taiwan Semiconductor Manufacturing Corporation chips have fueled the artificial intelligence accelerators of Chinese chip maker Huawei signal a “catastrophic failure of US export control policy,” according to House Select Committee on China Chairman John Moolenaar (R-Mich). TSMC said in a statement on Monday that it had proactively reached out to the Commerce Department regarding the matter. It said it had not supplied chips to Huawei since mid-September 2020. “We are not aware of TSMC being the subject of any investigation at this time,” the company said.

Bureau of Industry and Security (BIS) added 26 entities to the Entity List, while giving relief to one Canadian firm for substantive reforms to its business practices. Sandvine Incorporated, an entity listed under the destinations of Canada, India, Japan, Malaysia, Sweden, and the UAE, has been removed following significant reforms to address and prevent the misuse of its technology in ways that undermine democracy and abuse human rights

The Department of State proposes amendments to the International Traffic in Arms Regulations (ITAR) focused on revisions to U.S. Munitions List (USML) Categories IV (Missiles and Launch Systems) and XV (Spacecraft and Space Items). The aim is to modernize the regulatory text, clarify definitions, and align the controls with national security and foreign policy objectives.

The Commerce Department’s Bureau of Industry and Security  has released three rules—one Final Rule, one Interim Final Rule, and one Proposed Rule—to modernize BIS’s space-related export controls. The proposed revisions remove certain licensing requirements for Australia, Canada and The UK; looser rules for another 40 destinations; and transfer of certain items from the US Munitions List to the Commerce Control List.

In a case illustrating the long arm of US sanctions enforcement, Hanoi - based Vietnam Beverage Company Limited has agreed to pay $860,000  on behalf of two of its subsidiaries for apparent violations of OFAC sanctions on the Democratic People’s Republic of Korea (DPRK).  The Thai-controlled brewer settled potential fines of nearly $16 million related to $1.4 million of shopments to North Korea.

BIS Wedensday published Federal Register notices soliciting comments on Cuban Agricultural trade licensing processes.  The Bureau also updated a table associated with with License Exceptions and made additions and deletions to the Unverified List.

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