The Commerce Department will not publish its long-awaited proposed regulations on routed export transactions (see 2007150044) this year and is experiencing delays on other rules, including another set of export controls from the 2019 Wassenaar Arrangement, a Commerce official said. Hillary Hess, the Bureau of Industry and Security’s regulatory policy director, cited a combination of internal BIS delays and a backlog at the Federal Register for the slowdown.
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
The Council of the European Union adopted its long-awaited human rights sanctions regime (see 2010210008), giving the EU the ability to designate people and entities that commit crimes against humanity or other “serious human rights violations,” the EU said Dec. 7. The regime will allow the EU to impose travel bans and asset freezes on violators and will block people and entities in the EU from “making funds available” to entries on the sanctions list, either “directly or indirectly,” the EU said.
The U.S. sanctioned 14 officials on China’s National People’s Congress Standing Committee associated with Hong Kong’s so-called national security law, the latest escalation in a series of U.S. designations aimed at Beijing. The sanctions target various NPCSC vice chairpersons who were involved in “developing, adopting, or implementing” the law, which has allowed Beijing to “stifle dissent” and arrest pro-democracy advocates, the State Department said Dec. 7.
The Census Bureau received a mixed bag of feedback as it considers whether to eliminate certain filing requirements for exports to Puerto Rico and the U.S. Virgin Islands (see 2009160033). Many of the U.S. industry groups that submitted comments, released by Census Dec. 2, said the Automated Export System filings are a burden for their members and their elimination is long overdue. But government officials from both the U.S. and Puerto Rico cautioned Census about removing the requirements, saying it could lead to an absence of a vital source of data collection and damage the islands’ economies.
The Justice Department plans to announce more indictments involving cases of Chinese technology theft before the Joe Biden administration takes over in January, top U.S. security officials said. Under the agency’s China initiative (see 2008130036), the U.S. has targeted and arrested Chinese nationals for trying to steal export-controlled technology, an effort that has resulted in more than 1,000 Chinese researchers leaving the country since July, said John Demers, the U.S. assistant attorney general for national security.
The Bureau of Industry and Security should apply the “minimal” necessary level of export controls on foundational technologies to prevent impacts on U.S. academic research, universities said in comments to the agency. BIS also should reexamine which technologies it defines as “emerging” because some are already commercially widespread, a British aerospace company said.
As China continues to gain ground in technology competition with the U.S., Congress should pursue more investment and visa restrictions to prevent China from accessing sensitive U.S. technologies, the U.S.-China Economic and Security Review Commission said in a Dec. 1 report. Commissioners said China’s access to U.S. technologies is helping it innovate and export surveillance tools and other advanced technologies globally.
Taiwan wants to continue the momentum from its November economic dialogue with the U.S. to begin negotiating a trade deal and collaborate more on investment screening, Taiwan’s representative to the U.S. said. Bi-khim Hsiao, an official with Taipei’s Economic and Cultural Representative Office, said the island is particularly interested in boosting its screening mechanisms for foreign investments.
The Office of Foreign Assets Control sanctioned the China National Electronics Import & Export Corp. (CEIEC), a Chinese state-owned company that exports advanced technologies and technical expertise globally, OFAC said Nov. 30. The agency designated CEIEC for selling technology, software and training to Venezuelan government entities, which then use the products to bolster the Nicolas Maduro regime’s “malicious cyber efforts.”
The Bureau of Industry and Security expects to roll out a more multilateral approach to export controls under the Joe Biden administration but does not expect any major changes to its China policies or Entity List decisions, a senior Commerce Department official said. The official pointed to the strong bipartisan support among lawmakers for Chinese sanctions and export controls, which likely will continue under a new administration. “I don't see that going away. I think the Hill is engaged. I think at least from what President-elect Biden has announced with his Cabinet, these are folks who are familiar with the national security issues,” the official, who declined to be named in order to speak candidly about BIS, said in an interview last week. “So I don't expect a lot of substantive change.”