Trade groups, lawyers, investment firms, technology companies and foreign governments suggested a range of changes to the Treasury Department’s proposed outbound investment rules (see 2406210034), echoing calls last year for more clarity surrounding the due-diligence steps that will be required of deal-makers and warning that the U.S. risks chilling a broad range of U.S. ventures in China (see 2310050035). Several commenters also urged the Biden administration not to finalize the new prohibitions without similar buy-in from allies, with at least one group suggesting the U.S. is further from coordinating the rules among trading partners than it has let on.
The Bureau of Industry and Security is extending the public comment period for an information collection relating to statements required under certain exports by the ultimate consignee and purchaser (see 2403220011). The collection involves Form BIS-711, which provides information on the foreign importer receiving U.S. technology, describes how the technology will be used and “provides assurances” that the technology will not be used in violation of the Export Administration Regulations. BIS is allowing for an additional 30 days of comments.
The Pentagon should drop its outdated approach to technology security and export controls and allow American defense companies to work more efficiently with U.S. allies, a Defense Department advisory committee said in a new report this month. The committee said the agency needs major revisions to the way it treats restrictions under the International Traffic in Arms Regulations, warning that DOD is “failing to address shortcomings in international engagement amid a rapidly evolving global security landscape.”
New rules from the Commerce and State departments could lead to a range of new restrictions on U.S. support for certain foreign military intelligence and security services, increasing export licensing requirements for activities that could give U.S. adversaries a “critical military or intelligence advantage.”
The Bureau of Industry and Security is expanding its export controls to make more items subject to license requirements under its Iran foreign direct product rule, increasing its Iran-related restrictions under the Export Administration Regulations. The final rule, which was released July 24 but took effect July 23, implements certain provisions in the wide-ranging national security bill President Joe Biden signed into law in April (see 2404240043).
The Bureau of Industry and Security has completed a round of interagency review for a proposed rule that could lead to changes to the Export Administration Regulations to “control U.S. persons support of security end users and end uses.” The rule also “proposes restrictions on exports, re-exports, and transfers (in-country) to these end users and end uses,” BIS said. The agency completed its interagency review July 12.
The Bureau of Industry and Security is revising its regulations so that export controls don’t “impede or jeopardize” U.S. participation in international standards-setting bodies and other standards-related activities (see 2406180014), the agency said in an interim final rule released July 17.
The Bureau of Industry and Security recently suspended the export privileges of four people, including two for violating U.S. restrictions against Russia and two others for illegal ammunition exports.
The Commerce Department’s spring 2024 regulatory agenda for the Bureau of Industry and Security features a range of upcoming rules that could update and expand U.S. export control regulations, including new controls on the activities of U.S. persons in support of foreign military and intelligence agencies, revised regulatory language to address “diversion concerns,” new multilateral restrictions on emerging technologies and broader license requirements for Pakistan.
The Bureau of Industry and Security is recommending exporters, reexporters and other businesses add a new customer screening tool to their due diligence steps before trading in goods that could later be diverted to Russia’s military, especially for microelectronics and other sensitive goods Russia is looking to import. In new guidance published this week, BIS also clarified the specific compliance steps companies and universities should take if they receive a red-flag letter, an is-informed letter or other written warnings from the agency about certain risky customers or transactions.