The next administration should look to raise criminal penalties for trade theft, broaden the scope of the Committee on Foreign Investment in the U.S. and refocus its export controls on military technologies to better compete with China, the Information Technology and Innovation Foundation said this week. ITIF also said the U.S. should push for a new “techno-economic alliance” of key trading partners and develop a new multilateral export control regime focused on semiconductors and artificial intelligence.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The Bureau of Industry and Security's April rule to reduce certain export license requirements for Australia and the U.K. should incorporate some minor changes to clarify what types of exports are covered, the Aerospace Industries Association said in comments to the agency. AIA also asked BIS to clarify whether the new rules will include a transition period and to make sure the changes will be reflected in export filing requirements.
Although the U.S. and the EU have been collaborating more closely on technology export controls and supply chain due diligence laws, there are still “massive questions” about whether those controls will extend to more mature-node semiconductors and how new EU supply chain laws are going to affect companies doing business in Europe, said U.S.-EU trade and security consultant Frances Burwell.
The nearly 700 companies that the Bureau of Industry and Security has flagged for potentially sending export controlled goods to Russia include foreign suppliers in China, Turkey, India and others across Asia, Europe, Africa and the Middle East, according to a list obtained by Export Compliance Daily.
The Office of Foreign Assets Control this week updated and added to its Syria-related restrictions under several sanctions regimes, including restrictions related to “foreign sanctions evaders.” The agency also added various definitions and a new general license, along with updating other licenses, including changes to a license that authorizes certain legal services.
U.S. in-house attorneys need to be more vigilant than ever when investigating possible export control violations, lawyers said this week, adding that the risks of a possible civil or criminal penalty for a subpar internal investigation, or for not disclosing a violation quickly enough, are rising.
A top Treasury Department official this week called on U.S. companies and banks to bolster their trade compliance efforts, saying they need to do more to prevent their customers and counterparties from buying and shipping sensitive items for Russia’s military.
The Bureau of Industry and Security reached a $44,750 settlement with Airbus DS Government Solutions, a Texas-based satellite communications company, after BIS said the firm violated the Export Administration Regulations’ antiboycott provisions. The agency said Airbus DS-GS failed to report a boycott request to the U.S. government and certified to another business that its products didn’t come from Israel.
A new rule that would impose a three-day deadline for certain responses to the Committee on Foreign Investment in the U.S. was unanimously criticized by several law firms, an industry group and the Chinese government, which said such a time frame doesn’t take into account the complex, time-consuming discussions companies must have when dealing with CFIUS. Some commenters also asked the committee to nix a proposed change that would raise the maximum penalty for violations from $250,000 per violation to $5 million, saying most violations are accidental, and the increase could rattle the “confidence” of foreign investors.
China will place export controls starting June 1 on various military and dual-use equipment, software and technology, including items used in the aerospace and shipbuilding industries, along with “ultra-high molecular weight polyethylene fibers,” the country’s commerce Ministry said May 30, according to an unofficial translation.