At a conference held by the Bureau of Industry and Security, Commerce Secretary Howard Lutnick and BIS officials warned that enforcement of export controls was ramping up, and that a “dramatic increase” in activity and fines was coming. Key takeaways on “Red Flag Letters” and more inside.
Export control compliance is increasingly a concern for banks and financial institutions, not just exporters. So, for the first time, the Bureau of Industry and Security has provided detailed guidance for what controls it expects financial institutions to employ. Details, guidance inside.
Data centers have been top-of-mind: They were included in the latest White House CET list, and Pres. Biden recently prohibited the purchase of a data center near an Air Force Base in Wyoming. Now Commerce has expanded a pre-approval program to include data centers. Details inside.
As expected, the Bureau of Industry and Security has published its proposed rule that would prevent the import or sale of connected vehicles that use hardware or software “with a sufficient nexus” to China or Russia. Some of the prohibitions would take effect as early as Model Year 2027. Details inside.
Last week was a busy one at the Bureau of Industry and Security. Not only did the BIS finalize its penalty guidelines and process for handling voluntary self-disclosures, but it named its first-ever Chief of Corporate Enforcement. The moves reinforce a longstanding emphasis on compliance. Details inside.
According to a new report, state-linked entities in China are attempting to use cloud services like AWS to access advanced U.S. chips and AI capabilities. The move enables Chinese entities to skirt export rules, and is exactly what the BIS “IaaS” proposal is meant to address. Details and the list of companies is inside.
The Bureau of Industry and Security has published an interim final rule that would reduce licensing requirements for Australia and the UK. The rule could impact the number of CFIUS filings from those countries, since CFIUS’s definition of “critical technologies” is tied to export controls.
Last week, the Bureau of Industry and Security announced it was seeking feedback and insights on issues involving “information and communications technology and services” in connected vehicles that are developed or supplied by foreign adversaries. Details, the ANPRM and more are inside.
At a defense industry forum last week, Commerce Secretary Gina Raimondo stated that her Department, particularly the Bureau of Industry and Security, needs additional funds to protect America. Almost immediately after her remarks, the House Select Committee pushed back. Details inside.
Last week, the Bureau of Industry and Security at the U.S. Commerce Department imposed export controls on additional types of semiconductor manufacturing equipment. The package of new rules reinforces restrictions that were announced one year ago. Details, the rules, and context inside.
In a letter to the chair of the Senate Banking Committee, three former national security officials have registered their concerns about the proposed Committee on National Critical Capabilities, which would oversee an “outbound” investment screening regime. Details and the letter are inside.
The Commerce Department’s Bureau of Industry and Security has signaled a change to the way it would refer to “emerging and foundational technologies,” noting that “distinctions between those categories are not often readily apparent.” Details and the new term-of-art inside.
As we reported last year, the U.S.-EU Trade and Technology Council is working to coordinate approaches to global trade matters, including investment screening. The Bureau of Industry and Security is now seeking input to inform that work. Details, context, contacts, and action items are inside.
Last week, the Bureau of Industry and Security at Commerce published a final rule that included new controls on certain biotech software. Details on the new rule, how it could trigger mandatory CFIUS filings, and what companies should expect, are inside.
Pres. Biden has nominated an Under Secretary for Industry and Security, a position that serves as principal advisor to the Secretary of Commerce on the export of sensitive technologies. Key positions within the Treasury department remain vacant. Details and contacts inside.