The Federal Maritime Commission published its fall 2022 regulatory agenda, including mentions of several rules surrounding carrier practices, billing requirements and discriminatory shipping practices that it had hoped to issue in December. At least one of the rules was governed by a statutory deadline set for last month under the Ocean Shipping Reform Act.
The State Department published its fall 2022 regulatory agenda, including planned publication dates for rules to amend the U.S. Munitions List, revise defense trade regulations surrounding the definition of a “regular employee” and expand the types of defense articles and services that can be exported to certain close U.S. allies.
A revision to U.S. export regulations included in the fiscal year 2023 defense spending bill could lead to new end-use screening obligations for U.S. people and companies operating abroad, Akin Gump said in a Jan. 5 client alert. Although it remains unclear how and when the Bureau of Industry and Security will implement the change, the law firm said it could lead to new restrictions on activities that support foreign military, security or intelligence services even if the activity doesn’t involve technology subject to the Export Administration Regulations.
The State Department’s Directorate of Defense Trade Controls released an update last week to its guidance for U.S. persons providing defense services abroad. The documents include an updated guidance for U.S. persons abroad (USPAB) authorization requests, a new sample certification letter for USPAB authorization requests, a new USPAB submission letter template and an updated set of frequently asked questions.
The Commerce Department published its fall 2022 regulatory agenda for the Bureau of Industry and Security, including one new rule that will finalize new chip export controls against China and others that could revise chemical weapons reporting requirements, the Export Administration Regulations and the Entity List.
Taiwan this week expanded its export controls against Russia and Belarus to cover a range of new items that may be used for Russia’s war in Ukraine, including “high-tech” military items. The island added 52 new items to the export control list, saying they are “primarily related” to “nuclear energy substances,” chemicals, machine tools and other “miscellaneous goods and materials.” The changes took effect Jan. 4.
The U.S. may consider new export controls to better prevent U.S. parts and components from being used in Iranian drones delivered to Russia, State Department spokesperson Ned Price said this week. Price's comments came the same day CNN reported that parts manufactured by more than a dozen U.S. and Western companies were found in an Iranian drone struck down in Ukraine last year.
New Manufacturing USA Institutes can help the semiconductor industry reduce costs and accelerate innovation, particularly in emerging technology areas that could soon be subject to export controls, chip companies and industry representatives said in comments to the National Institute of Standards and Technology. They also said the Commerce Department should bar foreign entities from working with Manufacturing USA Institutes if they are subject to U.S. export restrictions or have operations in certain countries, including China.
The recent intervention by the U.S. in a Chinese foreign investment deal further highlights the Biden administration's investment review priorities and the sometimes “complicated” and “time-consuming” nature of those reviews, Vinson & Elkins said in a Dec. 27 client alert.
The U.S. needs to “act quickly” to build a multilateral consensus on China export controls or risk other countries simply filling the vacuum left by the U.S. in China’s semiconductor market, two export control and national security policy experts said in a Dec. 30 piece for Foreign Affairs. Although U.S. officials have said they are confident an agreement with allies will soon be completed, the authors said it remains unclear whether the deal will create a “genuine, multilaterally controlled chokepoint” for advanced chip technologies.