Bureau of Industry and Security Undersecretary Alan Estevez said his top long-term priority is building a new multilateral export control regime, and he urged industry to continue considering diversifying away from China and Russia. He also said BIS is working hard to control emerging and foundational technologies and welcomes more input from industry, academia and think tanks.
The Bureau of Industry and Security this week finalized its new controls on cybersecurity items, making several changes to the rule’s language and addressing some questions from the public comment period. The changes include revisions to the definition of “government end user” and other actions to “clarify the scope of controls,” BIS said in a final rule effective May 26.
The U.S. and other techno-democracies should capitalize on their closely coordinated Russia sanctions work to create a new multilateral export control group, said two experts with Georgetown University’s Center for Security and Emerging Technology. A new regime, which would include a range of technology-producing nations that share democratic values, would help those countries address technology proliferation issues that existing regimes can not.
The Bureau of Industry and Security's upcoming shift in its administrative enforcement policies could signal a more aggressive posture toward cracking down on illegal exports and may change how companies voluntarily disclose violations, a former BIS agent said. But some lawyers say the policies could represent a minor shift, and it may be too early to tell how they will affect compliance decisions.
The Los Angeles and Long Beach ports again postponed by a week a new surcharge meant to incentivize the movement of dwelling containers (see 2110280031), the two ports announced May 20. The ports had planned to begin imposing the fee in November 2021 but have postponed it each week since. The latest extension delays the effective date until May 27.
The Bureau of Industry and Security last week suspended the export privileges of another Russian airline and identified a new plane likely violating U.S. export controls. The agency issued a 180-day temporary denial order for Rossiya Airlines, which blocks Rossiya’s ability to participate in transactions subject to the Export Administration Regulations. The U.K. also sanctioned the airline last week (see 2205190011).
The Bureau of Industry and Security is proposing new unilateral export controls on four dual-use biological toxins that can be weaponized to kill people or animals, “degrade equipment” or damage the environment, the agency said in a rule released May 20. Controls would apply to the marine toxins brevetoxin, gonyautoxin, nodularin and palytoxin, BIS said, all of which can be “exploited for biological weapons purposes.” The agency said it won’t categorize the toxins or their technologies as emerging or foundational technologies, and doesn't plan to continue to differentiate between the two categories going forward.
While most carriers that participated in the first round of the Federal Maritime Commission’s recent export audit have commendable export strategies, others have room for improvement, FMC official Lucille Marvin said. “I think that there is some work to do," Marvin told commissioners during a May 18 meeting. “The location of the exports, the location of the equipment -- none of this stuff is always in sync with each other. I think this is going to be an ongoing challenge that we have.”
The Bureau of Industry and Security sent a final rule for interagency review that would introduce a congressional notification requirement for certain weapons exports. The rule, sent to the Office of Information and Regulatory Affairs May 17, would require notifications for certain semiautomatic firearms exports under the Export Administration Regulations.
The Federal Maritime Commission should require all ocean carriers and marine terminals to hire dedicated compliance officers, establish a clearer process for returning containers and launch a new investigation into carrier charges assessed through tariffs, Commissioner Rebecca Dye said. Dye, delivering a new set of recommendations during a May 18 FMC meeting, also said the commission should create a carrier-focused advisory committee and do more to support U.S. agricultural exports.