The State Department is close to publishing the first in a series of rules to reorganize the International Traffic in Arms Regulations after months of legal reviews (see 1907120011) and a delay caused by the COVID-19 pandemic (see 2005080038), an agency official said. The first rule, part of a larger reorganization effort led by the Directorate of Defense Trade Controls, will tackle the organization of definitions in the ITAR. Other rules will consolidate exemptions and streamline licensing requirements and policies.
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 U.S. should sign a trade deal with Taiwan and increase cooperation on export controls, similar to U.S. partnerships with Japan and Australia, Asia experts at the Center for Strategic and International Studies said. Increased collaboration with Taiwan has strong support from Congress and the Taiwanese government, the experts said, and would make sense as the U.S. welcomes manufacturing and investment from Taiwan.
Like-minded democracies should establish a global technology alliance to safeguard sensitive technologies and improve export restrictions, technology and trade experts said. The alliance -- which would initially include Australia, Canada, the European Union, France, Germany, Italy, Japan, the Netherlands, South Korea, the United Kingdom and the U.S. -- should act to increase export controls on critical technologies and work to counter China’s illegal technology transfers and operations at international standards-setting bodies.
Berkshire Hathaway will pay $4.1 million after its subsidiary illegally exported more than 140 shipments of cutting tools to Iran, the Office of Foreign Assets Control said in an Oct. 20 notice. Iscar Kesici Takim Ticareti ve Imalati Limited Sirket (Iscar Turkey), Berkshire’s Turkish subsidiary, hid the exports from its parent company, which resulted in more than $350,000 worth of orders going to Iranian end-users. Along with the fine, Berkshire committed to a range of sanctions compliance procedures in a settlement agreement with OFAC and will annually certify for the next five years that it is meeting its compliance obligations.
China enacted a new export control law to restrict sales of national security-related goods, mirroring steps taken by the U.S. to strengthen restrictions on sensitive exports to China. The law, which was passed by the National People’s Congress Standing Committee Oct. 17 and takes effect Dec. 1, creates an export control regime with control lists, compliance requirements for industry and a list of prohibited importers and end-users, somewhat similar to the U.S.’s Entity List.
The Bureau of Industry and Security is allowing exporters to request a six-month extension for their export licenses, due to the COVID-19 pandemic, BIS said in an Oct. 17 notice. Licenses are eligible for the extension if they expire on or before Dec. 31, BIS said, adding that extensions will be granted in “most cases.” Exporters can apply for the extension by emailing LicenseExtensionRequest@bis.doc.gov and can expect to hear back from BIS within two to three business days.
If elected, Joe Biden will likely continue the U.S.’s strict export control and sanctions policy against China, Venezuela and Russia but may reverse U.S. sanctions against Iran, said Johann Strauss, a trade lawyer with Akin Gump. Biden would also approach trade restrictions more multilaterally as opposed to Trump’s tendency to pursue unilateral restrictions, Strauss said.
The White House released a national strategy for critical and emerging technologies that it said will better synchronize agency efforts amid technology competition with China. The strategy builds on export control efforts carried out by the Commerce Department, a senior administration official said, and will allow government offices to better align their strategies as the U.S. restricts Chinese access to sensitive U.S. technologies.
The Treasury Department issued updated guidance on Hong Kong-related sanctions and the State Department issued a report to Congress under the Hong Kong Autonomy Act, the agencies said Oct. 14.
The U.S. needs a “technology-specific” trade policy as it pursues export controls over emerging technologies to limit impacts on industry, the Strategic Trade Research Institute and the University of Maryland Center for International and Security Studies said in a report released Oct. 13. The report analyzes three categories of items that it calls “chokepoint technologies” -- position, navigation and timing (PNT), quantum computing, and computer vision -- and examines the feasibility of trade controls on each category. The report stresses that while some items, including PNT technologies, can be controlled, others, such as computer vision technologies, are widely commercially available and should not be restricted.