The Office of Information and Regulatory Affairs began a review of a final Bureau of Industry and Security rule that would change the license review policy for exports of certain drones. The rule, received by OIRA Nov. 20, would change the review policy for exports of unmanned aerial systems to reflect the U.S. July decision to loosen restrictions over those exports (see 2007270035).
President-elect Joe Biden plans to nominate Alejandro Mayorkas for secretary of the Department of Homeland Security, the Biden transition team said in a news release. Mayorkas is currently a law partner at WilmerHale and previously was appointed deputy secretary of Homeland Security by President Barack Obama. While at DHS, Mayorkas was chair of the Border Interagency Executive Committee and worked on the International Trade Data System (see 1503230018).
The International Federation of Freight Forwarders Associations issued a “toolkit” for industry to better understand and apply the Federal Maritime Commission’s May rule on detention and demurrage fees (see 2004290037). The toolkit, released last week, summarizes the rule, details its applicability and scope, and analyzes industry objections. The FMC recently announced an investigation into whether ocean carriers are violating regulations on detention and demurrage charges (see 2011200024), after industry said the rule is being ignored (see 2011170041).
The Office of Information and Regulatory Affairs on Nov. 20 completed a review for a final Bureau of Industry and Security rule that will revise country groups for Ukraine, Mexico and Cyprus under the Export Administration Regulations. OIRA received the rule June 25.
The Office of Information and Regulatory Affairs on Nov. 19 concluded a review of a State Department rule that would amend International Traffic in Arms Regulations requirements for certain countries. The final rule would modify the ITAR for Tunisia, Eritrea, Somalia, the Democratic Republic of the Congo, Liberia, Cote d'Ivoire, Sri Lanka and Vietnam, as well as “other changes.” OIRA received the rule Oct. 28 (see 2010300007). The agency mentioned the rule in past regulatory agendas (see 2007200005 and 1911250035).
A new State Department paper warning of China and its global trade ambitions “only serves to lay bare the entrenched Cold War mindset and ideological prejudice of some people on the U.S. side and their fear, anxiety and unhealthy mentality towards a growing China,” a Chinese Foreign Affairs Ministry spokesperson said, according to a press conference transcript. “Their vile attempts to bring back the Cold War will be mercilessly rejected by the Chinese people and all peace-lovers around the world,” he said. The Chinese Communist Party “aims not merely at preeminence within the established world order,” but to “fundamentally revise world order,” with China at the center and serving “Beijing’s authoritarian goals and hegemonic ambitions,” according to the Policy Planning staff paper, “The Elements of the China Challenge.” It proposes a “tasks” list to “refashion” U.S. policy by educating Americans “about the scope and implications” of the alleged threat and training a “new generation of public servants” fluent in Chinese. The U.S. also “must promote American interests by looking for opportunities to cooperate with Beijing subject to norms of fairness and reciprocity,” it says. The State Department didn’t respond to questions Nov. 19.
The Office of Information and Regulatory Affairs began a review of a final rule from the Bureau of Industry and Security that would clarify the scope of certain export restrictions to reflect decisions made at the June 2019 Australia Group plenary meeting. The rule would amend the scope of Export Control Classification Number 1C991, which covers vaccines, immunotoxins, medical products, and diagnostic and food testing kits. OIRA received the rule Nov. 16.
President Donald Trump announced his intention to appoint six people to the President’s Export Council, the White House said Nov. 17. They are: Richard Rigdon of Florida, Barron Hetherington and Robert S. Carl Jr. of Pennsylvania, Deborah Maestas of New Mexico, Michael Stumo of Massachusetts, and Roddey Dowd Jr. of North Carolina. The council has not met in several years.
The Department of Justice on Nov. 16 released a “year-in-review” synopsis of its China Initiative, detailing the agency’s emphasis on investigating Chinese theft of U.S. technology and trade secrets. The agency said it charged three cases of Chinese economic espionage that were intended to benefit the Chinese government, and it focused on raising awareness among U.S. academic institutions. Universities are among the nation's “most vulnerable sectors” to Chinese trade theft because of the importance of the free flow of ideas, the agency said. DOJ also said it plans to increase outreach in the coming year to help U.S. businesses and academia “better protect themselves.” The initiative was established in November 2018.
The Bureau of Industry and Security withdrew a proposed rule from the Office of Information and Regulatory Affairs related to its strategic trade authorization (STA) license exception. The rule, which was received by OIRA Aug. 27 (see 2008280022) and withdrawn Nov. 12, would have clarified the “availability” and expanded restrictions on availability of the license exception under the Export Administration Regulations. A BIS spokesperson said the agency is still considering proposing the rule. “The rule was withdrawn for further informal interagency consultation,” the spokesperson said.