The Senate this week unveiled its fiscal year 2023 government spending package, which includes additional funding for key export control, sanctions and trade priorities. The package also includes another round of emergency defense aid for Ukraine.
The Office of Foreign Assets Control this week announced what it said are "historic steps" to implement new humantiarian-related authrotizations across its sanctions programs in an effort to better allow the flow of aid to sanctioned countries. The move builds on a U.N. Security Council decision earlier this month that established a humanitarian carve-out across sanctions regimes, allowing nongovernmental organizations, banks and others a general license for certain aid-related transactions involving sanctioned jurisdictions (see 2212120054). Treasury said the U.S. is "the first country in the world" to implement the U.N. carveout in its own borders.
The Bureau of Industry and Security granted an export license for U.S. chip company Nexcel Electronic Technology (NETI) after the company told BIS that new restrictions on China would force NETI to shut down and fire all its employees. NETI, which provides certain semiconductor services to Chinese companies, was granted a four-year license to continue its operations, the company’s lawyer and trade consultant told Export Compliance Daily.
A recent joint alert by the Commerce and Treasury departments has been a boon to industry and the government, and has given export control officers more leads to track down potential Russia violations, said Matthew Axelrod, Commerce’s top export enforcement official. Axelrod said the alert has been so successful that the two agencies are hoping to publish another one next year.
The State Department is proposing to expand the definition of activities that are not exports, reexports, retransfers or temporary imports by adding two new entries, the agency said in a notice released Dec. 15. One new entry would be the “taking of defense articles outside a previously approved country by the armed forces of a foreign government” or U.N. personnel on a “deployment or training exercise,” the State Department said. The second entry would be a foreign defense item that enters the U.S. but is subsequently exported under a license, provided it has not been “modified, enhanced, upgraded, or otherwise altered or improved or had a U.S.-origin defense article integrated into it.”
The Bureau of Industry and Security added a host of Chinese and Russian entities to the Entity List, including top Chinese chipmaker Yangtze Memory Technologies Co. and leading Chinese artificial intelligence firms, the agency said in a pair of notices released Dec. 15. The new restrictions on the Chinese firms are aimed at “severely restricting” China’s ability to leverage AI, advanced computing and other commercial technologies for its military or human rights abuses, BIS Undersecretary Alan Estevez said. The agency added the Russian entities to the list after it was unable to complete end-use checks. The changes took effect Dec. 16.
The Bureau of Industry and Security isn’t preparing any “imminent” emerging technology export controls on artificial intelligence items, Hillary Hess, the agency’s regulatory policy director, said during a technical advisory committee meeting this week. She also denied an industry rumor the U.S. is preparing to issue a set of sweeping, advanced AI controls, similar to the semiconductor restrictions against China that were released in October.
The Bureau of Industry and Security should have given its technical advisory committees more time to review its new chip controls before they were published in October (see 2210070049), which would have helped BIS mitigate unintended consequences for a dense and complex set of restrictions, a chip industry official and an advisory committee member said this week. The semiconductor industry also wished BIS had first proposed some of the restrictions for public comment before making them final, the official said, or delayed the effective date to give companies more time to decipher the rules, especially surrounding the new U.S.-persons restrictions.
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U.S. exporters will not face barriers in exporting to the EU in the near-term, but as more products are added to the EU's carbon border adjustment mechanism, it could become a disadvantage under the EU's plans for a carbon border adjustment tariff.