The U.S. Export-Import Bank has adequately implemented its revised guidance to fix weaknesses in its monitoring of dual-use exports financed by the agency, the Government Accountability Office said in an Aug. 12 report. The GAO verified that three recent transactions had been conducted properly and did not make any more recommendations for the bank.
The State Department is seeking public comments on an advance notice of proposed rulemaking that would consolidate and clarify exemptions in the International Traffic in Arms Regulations, the agency said in a notice. The State Department is specifically seeking comments about whether any of the exemptions are “redundant” or “contain language that introduces significant ambiguity or hinders the exemption’s intended use,” the notice said. The notice is scheduled to publish July 26. State is in the process of reorganizing the ITAR (see 1907120011). Comments are due by Aug. 26.
Treasury Secretary Steven Mnuchin and Larry Kudlow, the president's chief economic adviser, were set to meet July 22 with executives from Intel, Qualcomm, Broadcom, Micron, Google and other tech firms, Reuters reported. The news agency said the meeting was to discuss the restrictions on exports to Huawei, which have hurt many chip makers, and have led Google to tell Huawei its phones cannot use Android operating software. A White House spokesman told Reuters that while the Huawei ban will likely come up, that's not the purpose of the meeting.
Commerce’s Bureau of Industry and Security is looking to make more use of the enforcement authorities it was granted under the Export Control Reform Act of 2018, including more undercover operations, wiretapping and investigations, said Adrienne Frazier, a lawyer for BIS. Speaking on a panel during the American Association of Exporters and Importers Annual Conference in Washington on June 27, Frazier said BIS previously had the ability to conduct investigations in coordination with federal law enforcement. But ECRA gave BIS more individual authorities and investigative abilities, she said. “I think that those are going to be things the agency looks to do more of. It’s something that I think the agency is keen to do.”
The Commerce Department’s Bureau of Industry and Security renewed the temporary denial order of export privileges issued to Mahan Airways and several affiliated people and entities in 2018, according to an order signed by the Office of Export Enforcement on June 5. The order was renewed to “prevent an imminent violation” of more regulations, Commerce said.
The State Department’s Bureau of Political-Military Affairs imposed statutory debarments under the International Traffic in Arms Regulations on 23 people who violated the Arms Export Control Act, the department said in a notice scheduled to be published in the June 6 Federal Register. The 23 people have been convicted of violating the AECA, the notice said, and are banned from receiving export licenses for defense products or services for three years after the conviction. The 23 people must also request reinstatement from the State Department before completing any transactions subject to the ITAR, the notice said, and are allowed to request reinstatement one year after the debarment.
An Iranian citizen who lived for a time in Turkey was charged in two separate indictments for violating U.S. export laws, including several counts of conspiracy to export goods to Iran and to a Specially Designated National, the Department of Justice said in a June 4 press release. Peyman Amiri Larijani -- operations manager for Kral Havacilik IC VE DIS Ticaret Sirketi (Kral Aviation) -- was indicted on 34 counts of violating export laws in 2015 and four counts in 2016.
The Bureau of Industry and Security is amending the Export Administration Regulations to impose tougher restrictions on non-commercial aircraft and passenger vessels authorized to fly or sail to Cuba on temporary sojourn. The final rule amends license exception Aircraft, Vessels and Spacecraft to remove the eligibility for exports to Cuba of such aircraft and vessels. It also sets a general policy of denial for such exports except for in cases of a foreign policy or national security interest. “Consequently, private and corporate aircraft, cruise ships, sailboats, fishing boats, and other similar aircraft and vessels generally will be prohibited from going to Cuba,” BIS said. License exception AVS will still be available for commercial aircraft and cargo vessels exported to Cuba on temporary sojourn. The final rule takes effect June 5.
The Commerce Department's Bureau of Industry and Security said the Regulations and Procedures Technical Advisory Committee (RPTAC) scheduled a partially open meeting June 4 in Washington. The public session will include an export enforcement update, regulations update, working group reports, an Automated Export System (AES) update, and presentations of papers or comments by the public. The open session will be accessible via teleconference to 25 participants on a first-come, first-served basis. To join via teleconference, submit inquiries by May 29 to Yvette Springer at Yvette.Springer@bis.doc.gov. A limited number of seats will also be available for the public session.
Foreign manufacturers need to be aware that their products may be covered by the Commerce Department's Bureau of Industry and Security's listing of telecommunications equipment manufacturer Huawei on the Entity List, even if they aren't manufactured in the U.S., according to an alert by law firm Sheppard Mullin. U.S. export controls on Huawei and its affiliates may apply to a substantial scope of foreign goods that contain more than 25 percent U.S.-origin content. Under the BIS de minimis rule, products are subject to the Export Administration Regulations -- and consequently new license requirements for Huawei -- if more than one-fourth of the product is composed of U.S.-origin content that is also controlled under the EAR, except for “EAR99 items” or products that do not require a license, the alert said.