Banks that choose not to follow a set of export compliance best practices recently issued by the Bureau of Industry and Security may be leaving themselves “wide open” to possible penalties under U.S. export regulations, a senior BIS official said, especially if they don’t have other compliance safeguards in place.
The Bureau of Industry and Security fined multinational chip maker GlobalFoundries $500,000 after it illegally exported semiconductor wafers to a Entity Listed firm with ties to Semiconductor Manufacturing International Corp. (SMIC), China’s flagship chip manufacturing company.
U.S. export control efforts -- along with enforcement risks for companies -- will continue to rise no matter who wins the upcoming presidential election, said Matthew Axelrod, the lead export enforcement official at the Bureau of Industry and Security.
The Bureau of Industry and Security is imposing export controls on nine “key” precursors that Russia has used in chemical weapons against Ukraine, the agency said in a final rule that becomes effective Nov. 1. The rule also updates certain language in BIS regulations that it said will reduce the “licensing burden” for certain government entities located in Russia and Belarus, and it clarifies the scope of the agency's foreign direct product rules.
The U.S. this week unveiled new trade and financial restrictions against people and companies across more than 17 countries for helping Russia evade sanctions or for supporting the country’s military, adding nearly 400 to the Treasury Department’s sanctions list and more than 40 to the Commerce Department’s Entity List. Another move by Commerce will tighten existing controls on nearly 50 entities that it said are procuring U.S.-branded microelectronics for Russia.
The Bureau of Industry and Security this week renewed a temporary export denial order for Mahan Airways -- along with other entities and people tied to the Iranian airline -- after discovering a Taiwan-based company recently used the airline to send export-controlled parts to Russia.
The Bureau of Industry and Security will add more than 40 entries to the Entity List for shipping sensitive items to Russia or for other activities that support Russia’s military, and it will tighten restrictions on nearly 50 entities already on the list that BIS said are procuring U.S.-branded microelectronics for Russia, the agency said in a final rule released Oct. 30. BIS also plans to introduce new chemical weapons-related controls for certain chemical precursors that Russia has used in chemical weapons against Ukraine, it said in a separate final rule.
The leaders of the House Select Committee on China urged the Commerce Department this week to prevent American know-how and investment from supporting the development of China’s photonic semiconductor sector.
A State Department proposal to revise the definition of defense services could cover an overly broad set of activities and likely exacerbate the already lengthy processing times for commodity jurisdiction requests and export license applications, defense industry groups and firms said in public comments to the agency released last week.
New export controls over U.S. persons’ support for certain foreign military, intelligence and security services activities would place too much strain on both the government and industry compliance departments, disadvantage American exporters compared with their foreign competitors, and may provide no clear benefit to U.S. national security, companies and trade groups told the Bureau of Industry and Security.