Companies involved in the quantum computing, semiconductor manufacturing, additive manufacturing and other advanced technology industries covered by a recent Bureau of Industry and Security export control rule should review their compliance programs to make sure they can manage the upcoming license requirements, Gibson Dunn said in a client alert.
The Bureau of Industry and Security is extending until Oct. 15 the public comment period for two July proposed rules that could put in place new restrictions on U.S. persons’ support for foreign military intelligence and foreign security end users, among other changes (see 2407250032). BIS said the extension will give commenters “additional time to review the proposed rule and to be informed by the public outreach that BIS is conducting on the rule in preparing their comments.”
The State Department is extending until Oct. 15 the public comment period for a July proposed rule that could revise its definition of defense services and the scope of related controls in the International Traffic in Arms Regulations (see 2407250032). Comments were originally due by Sept. 27, the agency said. The State Department said the Commerce Department also will soon extend its public comment period for a complementary pair of rules it issued the same day that could introduce new restrictions on U.S. persons’ support for foreign military intelligence and foreign security end users, among other changes.
Austria, Estonia, Lithuania and the Netherlands on Sept. 22 signed onto a statement committing to place export controls around spyware technology, joining the U.S. and more than 15 other countries as part of an effort to raise trade guardrails for cyber-related items used for human rights violations.
U.S. President Joe Biden and Indian Prime Minister Narendra Modi discussed export restrictions and other trade issues during a Sept. 21 meeting, agreeing to order their governments to “redouble efforts to address export controls, enhance high technology commerce, and reduce barriers to technology transfer between our two countries.” They said they will address “technology security” through the India-U.S. Strategic Trade Dialogue and noted India’s ratification of certain agreements under the Indo-Pacific Economic Framework for Prosperity (see 2403140003), according to the White House statement. The two leaders also spoke about agricultural trade, saying the U.S. and India will “enhance cooperation with the private sector through discussions on regulatory issues and innovation to enhance bilateral trade,” the White House said.
China’s State Council this week passed a set of revised draft regulations for dual-use export controls, according to an unofficial translation of a Sept. 18 report from state-run news agency Xinhua that was posted to the Ministry of Commerce website. The ministry didn’t immediately release more information. Beijing has recently issued new export restrictions for a range of dual-use technologies, including in August when it published new requirements for certain drones, drone parts, infrared imaging equipment and more (see 2407310015).
The State Department is drafting a proposed rule that could revise the International Traffic in Arms Regulations by updating export controls on certain launch vehicles, ballistic missiles and other items in Category IV of the U.S. Munitions List and spacecraft and related items in Category XV of the USML. The rule, sent to the Office of Information and Regulatory Affairs Sept. 17, would "describe more precisely the articles warranting control on the USML," the agency said. It would build on an advance notice of proposed rulemaking issued in March 2019 that solicited comments on changes to Categories IV and XV.
The Bureau of Industry and Security is preparing a new interim final rule that would revise its space-related export controls “for changes made under Commerce authorities.” BIS sent the rule for interagency review Sept. 13. No further information was released.
Chinese and Dutch government officials met in China this week to discuss export restrictions as part of the fifth round of the two countries’ formal export control dialogue, China’s Ministry of Commerce announced, according to an unofficial translation. Officials discussed “issues of concern in the field of export control,” China said, and “agreed to further strengthen communication and exchanges” and “jointly maintain the stability of the semiconductor industry chain and supply chain.” The meeting was held days after the Netherlands put in place new export controls over certain semiconductor manufacturing tools (see 2409090024).
The U.S. is imposing export penalties against three Chinese companies, a Pakistani company and a Chinese national for their involvement in “missile technology proliferation activities,” the State Department said in a notice scheduled to be published in the Federal Register Sept. 12.