The Biden administration’s last-minute publication of complex, consequential national security-related rulemakings appear to “bypass standard rulemaking processes” and are creating challenges for American technology companies, six trade groups representing major U.S. tech firms wrote in a letter to President Joe Biden earlier this week.
The Bureau of Industry and Security this week issued a summary of the various export control actions it has taken under the Biden administration, including its various semiconductor-related rules, export restrictions against Russia, Entity Listings, academic outreach efforts (see 2408140049) and more. It also highlighted the administration’s export control work with U.S. allies, including with the U.K. and Australia under the AUKUS partnership (see 2404180035), initiatives with Japan and South Korea (see 2404260067), and enforcement coordination with the Group of 7 nations (see 2409250004).
The Netherlands on Jan. 15 announced expanded export controls to cover more advanced semiconductor equipment, a move the country’s foreign ministry said is necessary to address increasing “security risks associated with the uncontrolled export of these technologies.”
A list published this week by the Institute for Financial Integrity outlines red flags that may signal a bank’s customer or counterparty is a shell company working to evade export control regulations.
The State Department’s Directorate of Defense Trade Controls published a list this week of commodity jurisdiction (CJ) determinations for items controlled under U.S. Munitions List Category XXI, which covers defense articles and services “not otherwise enumerated” under other USML categories.
The Biden administration’s upcoming AI chip-related export controls likely will upset key U.S. allies, especially the EU, by reinforcing the notion that the U.S. relies too heavily on extraterritorial controls and is “hellbent” on maintaining American technology leadership, the Center for European Policy Analysis said this week.
The Biden administration has revised its policy guidance for missile technology exports to streamline defense trade with close allies while renewing its commitment to global nonproliferation efforts, the White House said Jan. 7.
The Bureau of Industry and Security has completed a round of interagency review for a new interim final rule that’s expected to place new export controls on advanced AI-related chips. The rule, “Export Control Framework for Artificial Intelligence Diffusion,” was sent for interagency review Dec. 9 and the review was completed Jan. 7. The upcoming restrictions have received criticism from at least one major technology company and two industry groups for being overbroad (see 2501060015 and 2501080034).
The U.S. and France held the third Defense Trade Strategic Dialogue in Paris last month, the State Department said Jan. 6, where the two sides discussed increasing market access for defense firms and improving “the efficiency and effectiveness of export controls.” Working groups during the meeting discussed export regulations, international export control regimes and other similar issues, the agency said, although it didn’t provide specific details. “The international context and the new strategic challenges facing our countries require close coordination on international armaments issues, open dialogue to ensure efficient defense trade between our nations and the implementation of effective export controls by both countries.”
U.S. National Security Adviser Jake Sullivan discussed export control topics with several senior Indian officials, including Prime Minister Narendra Modi, as part of a broader meeting on technology issues Jan. 6 in New Delhi, the White House said.