The Department of Commerce’s Bureau of Industry and Security (BIS) has published new best practice guidance for industry to help prevent items that are considered the most significant to Russian weaponry requirements from being diverted for use in Russia’s war against Ukraine. The. Septermber 28 guidance recommends that exporters and reexporters of these highest priority items seek written assurances of compliance from their customers to help prevent diversion.

The U.S. Department of Commerce today released the final rule implementing the national security guardrails of the bipartisan CHIPS and Science Act. The rule elaborates on two core provisions of the statute: the first, prohibiting CHIPS funds recipients from expanding material semiconductor manufacturing capacity in foreign countries of concern for ten years; and the second, restricting recipients from certain joint research or technology licensing efforts with foreign entities of concern.

The Department of Commerce’s Bureau of Industry and Security (BIS) released updates to its list of controlled “common high priority” items identified as critical to Russia’s war effort following meetings with key members of the Global Export Control Coalition. In coordination with partners, BIS has added seven new Harmonized System (HS) codes to the list, including bearings needed for heavy vehicles or other machinery and antennae used for navigation systems. Additionally, Tier 3 has been divided into mechanical and non- mechanical items to provide greater clarity.

With this submission, the Census Bureau is requesting continued clearance of the AES program as a result of the publication of a final rule in the Federal Register on August 10, 2023 ( 88 FR 54234 ) …

This information is necessary to support the execution of the President's priorities and allocations authority under the Defense Production Act of 1950 (DPA), as amended, and the priorities authorities under the Selective Service Act of 1948 , delegated to the Secretary of Commerce and implemented by the Defense Priorities and Allocations System (DPAS) regulation. The purpose of this authority is to ensure preferential acceptance and priority performance of contracts and orders for all materials, services, and facilities, including construction materials, the authority for which has not been delegated to other agencies in support of approved national defense programs.

The Bureau of Industry and Security (BIS) will hold the 2023 Update Conference on Export Controls and Policy from Tuesday, November 28 through Thursday, November 30 at the Marriott Marquis hotel in Washington, D.C. This 36th annual conference will be offered in in-person only, for two and a half days, with an evening reception. Sessions will include keynote speakers, plenaries, breakout sessions, and live Q&A with BIS and other agency experts.

Registration is open for a Bureau of Industry and Security (BIS) in-person seminar in Southern California.  This is the last BIS Complying with U.S. Export Controls seminar in 2023!  …

Jerry Horner, Chief of the Trade Regulations Branch at the US Census Bureau, is responsible for formulating regulations governing the requirements for filing the Automated Export System data elements. This morning, I've been asked to provide updates on two Notices of Proposed Rulemaking: one being the Routed Export Transaction rule, published prior to 2019, and the other, the Country of Origin data element, released in December 2021.

Commerce's Bureau of Industry and Security (BIS) issued a Temporary Denial Order (TDO) against three individuals and four companies implicated in illicitly supplying the Russian military with U.S.-sourced micro-electronics having significant military applications.

U.S. Commerce Secretary Gina Raimondo concluded a four-day visit to China this week, meeting with her counterpart, Chinese Commerce Minister Wang Wentao. The trip aimed to revive economic dialogue between the world's two largest economies, despite persistent tensions over trade issues and national security. According to a statement from the Chinese Commerce Ministry on Thursday, China has urged the U.S. to extend "equal treatment" to Chinese companies investing in the United States. "China demands the U.S. give equal treatment to Chinese enterprises investing in the U.S. in terms of market access, regulatory enforcement, public procurement, and policy support," said Shu Jueting, a commerce ministry spokesperson. China also raised "serious concerns" over the U.S. imposition of Section 301 tariffs, describing them as "discriminatory."

Under the newly adopted § 766.24(d)(1), BIS is now permitted to request the Assistant Secretary for Export Enforcement to extend an existing TDO for up to one year, a substantial extension from the previous 180-day limit. This enhanced provision is triggered in cases where a subject party has exhibited a pattern of repeated and ongoing violations of the EAR, thereby justifying the need for a more protracted control mechanism.

The Regulations and Procedures Technical Advisory Committee (RPTAC) will meet September 12, 2023, 9:00 a.m., Eastern Daylight Time, in the Herbert C. Hoover Building, Room 3884, 1401 Constitution …

After complaining since at least 2005 that "we really need to do something about ITAR. It is really hurting U.S. industry,” and citing export controls for not hiring eligible non-citizens, South African immigrant Elon Musk's company SpaceX has been sued by the Justice Department for employment discrimination. The United States Department of Justice has filed a lawsuit against Space Exploration Technologies Corp. (SpaceX) for discriminating against asylees and refugees in its hiring process. The lawsuit contends that from September 2018 to May 2022, SpaceX deliberately discouraged such individuals from applying for positions within the company, violating the Immigration and Nationality Act (INA).

In a sign that more rigorous policies to ensure host country cooperation are bearing fruit, Commerce’s Bureau of Industry and Security announced that 33 parties will be removed from the Unverified List, 27 of which are based in the People’s Republic of China (PRC) with others located in Indonesia, Pakistan, Singapore, Turkey, and the United Arab Emirates.  BIS is taking this action because it was able to establish the bona fides – i.e., legitimacy and reliability relating to the end use or end user of items subject to the Export Administration Regulations (EAR) – of these parties through the successful completion of end-use checks.

Republican leaders from the House and Senate wrote Commerce Secretary Gina Raimondo urging her to repudiate negotiations with the PRC on Export Controls before her visit to the country later this month. Rep. Mike Gallagher (R-WI) Chair of the House Select Committee on the Chinese Communist Party,  Rep Michael McCaul (R-TX) Chair of the House Foreign Affairs Committee, Senator Bill Hagerty (R-TN), Ranking Member of the Senate Banking Subcommittee on National Security and International Trade and Finance, and Rep Young Kim (R-CA) Chair of the House Foreign Affairs Subcommittee on the Indo-Pacific wrote a letter to Ms. Raimondo after press reports indicated she is considering joining the Chinese government in a "working group" on the topic after her trip to China later this month. 

The Bureau of Industry & Security published an advisory opinion on the release of licensed technology to employees of the foreign subsidiary while on temporary work assignment at the home office.  No additional deemed export license is required for these employees, while any new “technology” or “software” that is either “released” to those employees in the United States or created in the United States that is not authorized by the existing BIS license would require a new export license or other authorization from BIS.

Consistent with U.S. commitments as a participating country in the Nuclear Suppliers Group, this rule revises five existing Export Control Classification Numbers (ECCNs) under the Commerce Control List (CCL). These changes protect U.S. nuclear nonproliferation interests, while aligning the EAR with the control text agreed to by participating governments (PGs).

For Review and Approval; Comment Request; Simple Network Application Process and Form Number(s): BIS-748P, BIS-748P-A, BIS-748P-B. Public comments were previously requested via the Federal Register on June 12, 2023, during a 60-day comment period. This notice allows for an additional 30 days for public comments

On August 16, 2023 the Bureau of Industry and Security (BIS) published orders denying export privileges to the following four individuals:

Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding additional nuclear nonproliferation controls on China and Macau, effective August 11, 2023. This change specifically applies to items controlled for Nuclear Nonproliferation (NP) column 2 reasons for control. These controls enhance U.S. Government efforts to monitor the export of these items and to ensure they are only being used in peaceful activities such as commercial nuclear power generation, medical developments, production of or use in medicine, and non-military industries.

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