The Bureau of Industry and Security is proposing new unilateral export controls on four dual-use biological toxins that can be weaponized to kill people or animals, “degrade equipment” or damage the environment, the agency said in a rule released May 20. Controls would apply to the marine toxins brevetoxin, gonyautoxin, nodularin and palytoxin, BIS said, all of which can be “exploited for biological weapons purposes.” The agency said it won’t categorize the toxins or their technologies as emerging or foundational technologies, and doesn't plan to continue to differentiate between the two categories going forward.
The Bureau of Industry and Security on May 20 suspended the export privileges of another Russian airline for violating U.S. export controls against Russia. The agency issued a 180-day temporary denial order for Rossiya Airlines, BIS said in an emailed news release, adding that the order “terminates” Rossiya’s ability to participate in transactions subject to the Export Administration Regulations. The agency also identified other aircraft that are likely violating U.S. export controls, including another plane owned by Russian oligarch Roman Abramovich.
The Bureau of Industry and Security sent a final rule for interagency review that would introduce a congressional notification requirement for certain weapons exports. The rule, sent to the Office of Information and Regulatory Affairs May 17, would require notifications for certain semiautomatic firearms exports under the Export Administration Regulations.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
The Bureau of Industry and Security is considering several major changes to its administrative enforcement authorities, including publicizing its charging letters before cases are resolved and increasing penalty amounts for export violations. The agency may also limit its use of no admit/no deny settlements, which allow companies to avoid admitting explicit wrongdoing.
The U.S. should take steps to address a range of loopholes in its export control regimes, including its inability to conduct end-use checks in China and unregulated technology transfers resulting from outbound investments, said Nazak Nikakhtar, former acting head of the Bureau of Industry and Security. “We have a lot of gaping holes in our export control system,” Nikakhtar told the Senate Intelligence Committee May 11. “I think we really need to tighten those up.”
Companies should expect the Commerce Department to add more entities to the Entity List for aiding Russia amid its war in Ukraine, said Thea Kendler, the agency’s assistant secretary for export administration. Commerce has so far added more than 100 entities to the list for supporting the Russian and Belarusian militaries (see 2204040006). Kendler, speaking during a May 12 Materials and Equipment Technical Advisory Committee meeting, said the agency is looking at entities in both Russia and Belarus "that may be contributing to the military industrial complex."
The Bureau of Industry and Security this week extended by a month a public comment period to allow more time for feedback on the U.S.-EU Trade and Technology Council's Secure Supply Chains Working Group. BIS said it wants to allow commenters to “take into account any developments or announcements that may occur” during the TTC’s upcoming meeting in France May 15-16. Comments, originally due May 23 (see 2204050012), are now due by June 23.
The Transportation and Related Equipment Technical Advisory Committee is considering asking the Bureau of Industry and Security for more Russian export control guidance and is hoping to help address the agency's backlog of military end-user license applications, said committee Chair Ari Novis, chief global trade officer for Pratt & Whitney.
Export Compliance Daily is providing readers with the top stories from last week in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.