The Biden administration’s implementation of its new China chip export controls (see 2210070049) has been “mixed,” and it remains unclear how far allies will go to impose similar restrictions, said Clete Willems, who was a National Security Council official during the Trump administration. Willems, in written testimony this week to the House Financial Services Committee, said he doesn’t understand why the administration didn’t initially coordinate the October export control rule with allies, a shortcoming that could be hurting U.S. companies now.
The U.S. and its allies should establish a new multilateral export control system to prevent sensitive technologies from being sent to dangerous end-users, including those in China, said Rich Ashooh, a former senior U.S. export control official. Ashooh applauded American efforts so far and said it shouldn’t abandon the existing multilateral control regimes, but he said a more formal system is needed.
Although former national security officials agreed that the U.S. should consider outbound investment review restrictions, they panned a congressional proposal that would have granted a new interagency committee “sweeping” power to restrict capital flows to China. Speaking during a House Financial Services Committee hearing this week, some of the former officials said Congress should rethink the proposal and also urged the Biden administration against issuing a unilateral executive order to establish an outbound investment review regime.
The Office of Foreign Assets Control updated its Russian price cap guidance last week to include information on the recently imposed cap on Russian petroleum products. The measure -- which took effect 12:01 a.m. EST on Feb. 5 -- sets a $45 per barrel cap for petroleum products that trade at a discount to crude, such as naphtha and waste oils, and a $100 per barrel cap on products that trade at a premium to crude, such as motor fuel.
DOJ’s new corporate enforcement policies substantially increase compliance incentives and may lead to more voluntary self-disclosures, law firms said. But they also said much of the new policy will depend on how DOJ implements the changes, and it remains unclear how much of a downstream impact the revisions will have on export control and sanctions cases handled by other agencies.
A Miami-based company violated U.S. export regulations when it illegally shipped red dot scopes to Austria and Switzerland, the Bureau of Industry and Security said in Feb. 2 order. The company, Dotphins, entered into a settlement agreement with BIS that will require it to complete compliance training.
The Bureau of Industry and Security will hold a two-day conference this month to help it better understand emerging brain computer interface (BCI) technology as it considers potential export controls. The public conference, which will be both in person and virtual Feb. 16-17, comes a little more than a year after the agency requested public comments on potential BCI export restrictions (see 2110250011).
U.S policymakers should further study the extent to which U.S. investors support China’s artificial intelligence industry and should revise the scope of a Treasury Department list that restricts investments in Chinese military companies, experts from Georgetown University’s Center for Security and Emerging Technology said in a new report. The report also said the U.S. should consider imposing investment restrictions on certain companies added to the Entity List.
New U.S. chip export controls are among the most complex export regulatory provisions ever published and have caused significant uncertainty in the semiconductor industry, trade groups and technology firms told the Bureau of Industry and Security in comments that were due this week. More than 40 companies, trade associations, law firms and others asked BIS to revise parts of the regulations or offer more guidance to avoid hurting U.S. competitiveness, with some saying the new controls may force foreign companies to stop using U.S.-origin items altogether rather than deal with the added compliance obligations.
The Bureau of Industry and Security added seven Iranian entities to the Entity List this week for their involvement in drone transfers to Russia, the agency said in a final rule. The entities are Iranian producers of unmanned aerial vehicles, top BIS export enforcement official, Matthew Axelrod, said during a Toronto conference this week, adding that Russia is using the drones to “attack civilian infrastructure” in Ukraine.