The Bureau of Industry and Security on June 16 suspended the export privileges of Belavia Belarusian Airlines, the country’s state-owned national airline, for violating U.S. export controls against Belarus. BIS issued a 180-day temporary denial order for Belavia, which bans it from participating in transactions subject to the Export Administration Regulations.
The EU needs to modernize and revamp its regulations surrounding intangible technology transfers, which lack sufficient export control guidance, said Magnus Nordeus, vice chair of Digital Europe, a trade policy group. He also said EU companies want more predictability from U.S. export controls, which can be especially difficult to manage for small- and medium-sized businesses.
The Census Bureau is considering a new pilot program that could test the elimination of some export reporting requirements for shipments to Puerto Rico, said Omari Wooden, Census’ assistant division chief for trade outreach and regulations. Officials have so far crafted two proposals that are being discussed “internally,” Wooden said, and would first seek public comment before implementing a potential pilot.
The Bureau of Industry and Security hasn’t given up on a rule to clarify how U.S. companies can participate in standards-setting bodies that have members designated on the Entity List, a senior BIS official said this week. Despite yearslong clamoring for the clarification from technology associations and companies, the rule is facing a lengthy internal review process not only from other agencies but also from different bureaus within the Commerce Department, said Hillary Hess, BIS’s regulatory policy director.
Bureau of Industry and Security Undersecretary Alan Estevez this week again stressed the importance of building a new multilateral export control regime, saying that’s one of his priorities as he begins his tenure at BIS. The U.S. and its allies need a new regime “for the 21st century,” Estevez said, specifically one that isn’t only limited to dual-use technologies. “We need to work with our partners on that,” hr said during a June 14 virtual conference hosted by the Center for a New American Security. “We have a great coalition and great momentum, and I intend to do that.”
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The June 13 passing of bill that aims to force shipping companies to accept U.S. exports on the return trip to Asia, and which further codifies Federal Maritime Commission's attempts to police detention and demurrage charges, was hailed by politicians as an inflation solution and greeted with caution by industry players.
The Bureau of Industry and Security is considering revising its voluntary self-disclosure review process to focus on “more serious” disclosures, said Matthew Axelrod, BIS’s top enforcement official. Axelrod, speaking during a June 14 Regulations and Procedures Technical Advisory Committee meeting, said the change could better dedicate the agency’s time to VSDs that warrant more attention.
A top official in the Office of the U.S. Trade Representative said that opposition to extending a moratorium on tariffs on sales of intangible goods has surfaced before, but that the e-commerce moratorium has been renewed at every World Trade Organization ministerial conference since 1998. "There are a few countries, despite benefiting from e-commerce and digital trade, who continue to resist an extension of the moratorium," she said, but most countries, including in the developing world, see the tariff-free status as important.
The U.S. should create a new multilateral export control regime to counter China’s unfair industrial policies and misuse of sensitive technologies, said Mark Dallas, an associate professor at Union College in New York and a fellow with the Council on Foreign Relations. A new regime would create a “unified, clear and multilateral voice” around export controls and would reduce “commercial tensions” between the U.S. and its allies through better information sharing and enforcement.